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Patna High Court

Rahul TurhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner subject to bond and conditions under Section 482(2) of the B.N.S.

Summary

Petitioner Rahul Turha was charged under several sections of the Bharatiya Nagrik Suraksha Sanhita for allegedly assaulting an informant with an iron rod, causing serious injury. He applied for pre‑arrest bail, arguing that the injury to the informant was simple, that his side had previously filed a related case, and that he had a fair antecedent. The State opposed bail, emphasizing the seriousness of the injuries, which included lacerated wounds on the temporal area. The Court considered the submissions, the nature of the alleged injury, and the petitioner’s fair antecedent, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S. 2023. The bail order also required verification of the injury’s simplicity by the lower court and that one bailor be a close family member.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioner despite the alleged assault and nature of injury.
  • Whether the alleged simple nature of the injury and the petitioner’s fair antecedent justify bail.
  • Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita are applicable.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita
  • fair antecedent
  • injury nature
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84090 of 2025
                       Arising Out of PS. Case No.-132 Year-2025 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Rahul Turha Son of Late Kashi Turha Resident of village -Sarana PS
                 -Shahpur Distt- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sahja Nand Sharma, Adv.
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   07-01-2026                   Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Shahpur P.S. Case No. 132 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 352,

                   351(2) and 3(5) of the B.N.S.

                                3. The allegation against the petitioner is of causing

                   assault by means of iron rod over the head of the informant,

                   leading to serious injury, besides further allegation against other

                   accused persons of causing assault by means of lathi and danda.

                                4. Learned Advocate for the petitioner submitted that

                   prior to the institution of the present case, the persons of the

                   petitioner’s side had filed Shahpur P.S. Case No. 130 of 2025,

                   and the present case is nothing but a counter blast to the present
Patna High Court CR. MISC. No.84090 of 2025(2) dt.07-01-2026
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          case. It is further contended that it is the informant’s side, who

          were aggressor and started assaulting the persons of the

          petitioner’s side, leading to some unfortunate injuries to persons

          of both the sides. Moreover, the injury, which is allegedly

          sustained to the informant of the present case is concerned, the

          same is found to be simple in nature, as has been instructed. It is

          further contended that, be that as it may, the petitioner bears fair

          antecedent and he undertakes that he will fully co-operate in the

          proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          impugned order does not discuss about the nature of injury,

          though it has been said that the victim suffered two lacerated

          wounds on front temporal area, which is a vital part of the body.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the factum of case and counter case, coupled with the

          submissions of the petitioner to the extent that the injury

          sustained to the informant is simple in nature, besides the fair

          antecedent, let the petitioner above named be released on bail, in

          the event of his arrest or surrender before the court below within

          a period of four weeks from the date of receipt/production of a
            Patna High Court CR. MISC. No.84090 of 2025(2) dt.07-01-2026
                                                        3/3




                      copy of this order, upon furnishing bail bonds of Rs.10,000/-

                      (ten thousand) with two sureties of the like amount each to the

                      satisfaction of the learned A.C.J.M – 1st, Bhojpur at Ara in

                      connection with Shahpur P.S. Case No. 132 of 2025, subject to

                      the conditions laid down in Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023 with the further conditions that:-

                                   (i) One of the bailors shall be the own/close family

                      members of the petitioner.

                                   (ii) The Court below shall verify that the nature of the

                      injury, being simple, sustained to the informant.



                                                  (Harish Kumar, J)
shivank/-

U      T


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