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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioners, Rupesh Kumar and Akash Kumar, were arrested in connection with a case of assault alleged under multiple sections of the B.N.S., 2023. They contended that they were falsely implicated, that the case was retaliatory, and that there was no specific allegation against them individually. The State argued that the petitioners were responsible for causing injuries to the victims. The Court considered the petitioners' clean antecedent, the length of their custody since 25‑10‑2025, and the submission of the chargesheet, and noted that co‑accused persons had already been granted bail. Applying Section 480(3) of the B.N.S.S., the Court ordered bail for each petitioner on a bond of Rs.10,000 with two sureties and imposed conditions regarding attendance and cancellation of bail on non‑compliance.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious assault charges under the B.N.S., 2023.
  • Whether the allegations against the petitioners constitute sufficient ground to deny bail.
  • Whether the petitioners' clean antecedent and period of custody justify granting bail.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 352, 480(3)

Subjects

  • bail
  • assault
  • false implication
  • clean antecedent
  • Section 480(3)
  • B.N.S. 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.85873 of 2025
                        Arising Out of PS. Case No.-294 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
           1.     Rupesh Kumar S/o Shatrudhan Mahto @ Satrudhan Mahto, R/o Village
                  Pachbhinda, P.S. Taraiya, Dist. Saran.
           2.     Akash Kumar S/o Brij Kishor Mahto, R/o Usari, Baikunthpur,P.S-
                  Baikunthpur, Dist- Gopalganj.
                                                                   ... ... Petitioners
                                                Versus
                 The State of Bihar
                                                             ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :      Mr. Sarvadeo Singh, Advocate
                                                   Mr. Sanjay Kumar, Advocate
                                                   Mr. Devanshu Kumar, Advocate
                                                   Mr. Bhaskar Bhushan, Advocate
                                                   Mr. Mangal Murti, Advocate
                 For the State              :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   07-01-2026                         Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                       2. In the present case, the petitioners seek bail in

                   connection with Taraiya P.S. Case No. 294 of 2025 dated

                   25.10.2025, registered for the offences punishable under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109 and 352

                   of the B.N.S., 2023.

                                       3. As per the prosecution case, petitioners and other

                   co-accused persons had been assaulting one Amit Kumar, and

                   when the informant and his uncle intervened, they were also

                   assaulted by the petitioners and others. A number of injuries were

                   caused to the victims.
Patna High Court CR. MISC. No.85873 of 2025(2) dt.07-01-2026
                                            2/3




                          4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners have falsely been implicated in

          the present case. There is case and counter version and petitioners’

          side had lodged Taraiya P.S. Case No. 293 of 2025 against the

          informant’s side and thereafter, in order to create defence, the

          present false case has been lodged. He further submits that there is

          no specific allegation against petitioner Rupesh Kumar and the

          allegation against petitioner Akash Kumar is omnibus with other

          co-accused persons namely, Chandan, Mukesh and Karan. The co-

          accused Chandan Kumar and Karan Kumar have been granted bail

          by a learned co-ordinate Bench of this Court vide order dated

          17.12.2025 passed in Cr. Misc. No. 86423 of 2025. There was no

          intention to cause death and injury reports do not support the

          prosecution version of assault. Learned counsel next submits that

          petitioners are having clean antecedent and chargesheet has been

          submitted. Learned counsel lastly submits that petitioners are in

          custody since 25.10.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioners and

          submits that there is allegation against the petitioners for causing a

          number of injuries to their victims.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the
          Patna High Court CR. MISC. No.85873 of 2025(2) dt.07-01-2026
                                                      3/3




                    period of custody of the petitioners, their clean antecedent and

                    submission of chargesheet against them, the petitioners, above-

                    named, are directed to be released on bail, on furnishing bail bonds

                    of Rs.10,000/- (Rupees Ten Thousand Only) each with two

                    sureties of the like amount each to the satisfaction of learned

                    Additional Chief Judicial Magistrate- XIII, Saran at Chapra /

                    concerned Court, in connection with Taraiya P.S. Case No. 294 of

                    2025, subject to the condition laid down under Section 480(3) of

                    the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioners.

                                    (ii) The petitioners will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates or

                    in violation of the terms of the bail, the bail bond of the petitioners

                    will be liable to be cancelled by the Court concerned.



                                                            (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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