Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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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