Patna High Court
Ritik Kumar @ Hrithik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that, given the simple nature of the injury, bail should be granted subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Ritik Kumar, filed a bail petition fearing arrest in a case (Punpun P.S. Case No.237 of 2025) involving alleged assault on an informant resulting in head injury. He contended that the injury was simple, not warranting the serious charge under Section 109 of the B.N.S., and claimed innocence. The State opposed bail, emphasizing the seriousness of the offences and the petitioner's prior involvement in another case. The court examined the nature of the injury and the applicability of the charges, concluding that the injury was simple and thus bail could be granted. Accordingly, the court allowed the petition, directing that bail be furnished within eight weeks upon payment of a Rs.10,000 bond and two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the alleged injury constitutes simple hurt or grievous hurt under Section 109 of the B.N.S.
- Whether bail should be granted in view of the nature of the offences and the petitioner's prior criminal antecedents
- Whether anticipatory bail is required or regular bail suffices
Legislation cited
Subjects
- bail
- simple hurt
- Section 109
- Section 482
- anticipatory bail
- criminal antecedents
- injury assessment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87964 of 2025
Arising Out of PS. Case No.-237 Year-2025 Thana- PUNPUN District- Patna
======================================================
Ritik Kumar @ Hrithik Kumar, S/o Pappu Kumar, R/o vill - Pakari Punpun,
P.S.- Punpun, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Singh No. I, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with Punpun
P.S. Case No.237 of 2025 dated-12.08.2025, registered for the
offences punishable under Sections 126(2), 115(2), 109(1),
351(2), 352, 3(5) of the B.N.S., 2023.
3. As per allegation, when the Informant was going to
the medical shop, the Petitioner and other co-accused stopped
him and started abusing him and on protest, the Petitioner and
other co-accused started assaulting the Informant. The specific
allegation against the Petitioner is that he assaulted the
Informant, causing injury in his head.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87964 of 2025(4) dt.01-04-2026
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Petitioner is innocent and has falsely been implicated in this
case. He further submits that the alleged injury is simple in
nature. Hence, major Section 109 of the B.N.S. is not applicable
and at most, it is case of simple hurt.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in one other
case.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the simple nature of the injury, this
petition is allowed, directing the petitioner, above-named, to be
enlarged on bail, in the event of his arrest or surrender before
the court below within a period of eight weeks from the date of
receipt / production of a copy of this order, on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Punpun P.S. Case
No.237 of 2025, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S., 2023 and on the following
Patna High Court CR. MISC. No.87964 of 2025(4) dt.01-04-2026
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conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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