Patna High Court
Rajkumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
Petitioner Rajkumar Sah was arrested on 3 September 2025 in connection with a case involving alleged assault and injuries to two individuals, one simple and one grievous, under multiple sections of the Bharatiya Nyay Sanhita, 2023. The informant claimed the petitioner and co‑accused assaulted her and her family with an iron rod. The petitioner argued he has a clean antecedent, was falsely implicated, and the dispute stemmed from a prior land conflict. The prosecution opposed bail, emphasizing the specific allegations and the grievous nature of one injury. The court, after considering the circumstances and length of custody, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita, 2023.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109/3(5), 115(2), 117(2), 118(1), 126(2), 303(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- assault
- grievous injury
- Bharatiya Nyay Sanhita
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87487 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- MALAHI District- East Champaran
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Rajkumar Sah Son of Late Singhasan Sah R/o village - Sirani Mathiya, P.S.-
Malahi, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar Ii, Advocate
For the State : Mr. Jai Narain Thakur, APP
For the Informant : Mr. Sumit Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 28-01-2026 A supplementary affidavit filed on behalf of the
petitioner is accepted and the same is kept on record.
2. Heard Mr. Dhannjay Kumar Ii, learned counsel for
the petitioner, Mr. Sumit Kumar Gupta, learned counsel for the
Informant as well as Mr. Jai Narain Thakur, learned Additional
Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
03.09.2025 in connection with Malahi P.S. Case No. 05 of 2025,
F.I.R. dated 05.01.2025 for the offences punishable under Sections
126(2), 117(2), 74, 118(1), 303(2), 115(2), 109/3(5), 352, 351(3)
of the Bharatiya Nyay Sanhita, 2023.
4. According to prosecution case, the informant alleged
that when she was sitting at her door then the petitioner along with
other co-accused persons came and started abusing her and on
protest, the accused persons assaulted her by means of iron blow
Patna High Court CR. MISC. No.87487 of 2025(3) dt.28-01-2026
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and when informant’s family members came to save her then the
accused persons assaulted them also.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been implicated
in the present case and both the parties are agnates to each other.
From bare perusal of the FIR it appears that due to previous land
dispute the present occurrence has taken place. Although the
petitioner is named in the FIR and there is specific allegation
against him that he assaulted to one Runa Devi and Santosh Sah
and both persons received injury but injury of Runi Devi is simple
in nature whereas injury of Santosh Sah is grievous in nature. He
further submits that the police after investigation submitted the
charge sheet and the petitioner is in custody since 03.09.2025.
5. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that there is direct and
specific allegation against the petitioner and injury of Santosh Sah
appears to be grievous in nature.
6. Considering the aforesaid facts and circumstances and
period of custody, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.87487 of 2025(3) dt.28-01-2026
3/3
learned C.J.M., Motihari, East Champaran in connection with
Malahi P.S. Case No. 05 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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