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Patna High Court

Subodh Das @ Subodh Kumar DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail as the alleged offence attracts a bailable provision under Section 117(2) of the BNS.

Summary

Subodh Das was arrested in connection with an assault on an informant, alleged to have used a lathi, danda and iron rod, resulting in a fractured hand. The prosecution charged him under multiple sections of the BNS and sections 3 and 4 of the Prevention of Witch (Daain) Practices Act. The petitioner sought regular bail, arguing that the alleged injury falls only under Section 117(2) of the BNS, which is a bailable offence, and that there is a case and counter‑case. The State opposed bail, but the court noted the bailability of the offence and the lack of any compelling reason to deny liberty. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged grievous injury and multiple charges
  • Whether the offences alleged are bailable under the applicable statutes

Legislation cited

  • BNS — s. 109, 115(2), 117(2), 126(2), 303(2), 308(2), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • bailable offence
  • assault
  • witchcraft practices
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87246 of 2025
                        Arising Out of PS. Case No.-344 Year-2025 Thana- BANKA District- Banka
                 ======================================================
                 Subodh Das @ Subodh Kumar Das S/O Agahan Das Resident of Village-
                 Amba, P.O.- Kunauni, P.S and Distt.- Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 303(2), 109, 308(2), 352, 351(2) & 3(5) of the

                   BNS and under Sections 3/4 of Prevention of witch (Daain)

                   Practices Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others arrived at the house of the informant

                   being armed with lathi, danda and farsa. Allegation against the

                   petitioner is that he has assaulted with iron rod on the right hand of

                   the informant due to which her hand was fractured.

                                4. Learned counsel for the petitioner submits that there

                   is case and counter case. It has further been submitted that though
            Patna High Court CR. MISC. No.87246 of 2025(2) dt.05-01-2026
                                                        2/2




                      allegation against the petitioner is that due to his assault right hand

                      of the informant was fractured and the nature of injury is grievous

                      yet these allegations only attract Section 117(2) of the BNS which

                      is bailable in nature.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Banka P.S. Case No. 344 of 2025 on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Banka.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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