Patna High Court
Rahul TurhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)
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
2/3
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
Checking your session…