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Patna High Court

Raushan Kumar @ Golden Kumar @ Sanu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in a case (No. 426 of 2025) alleging offences under Sections 126(2), 115(2), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, including assault causing simple injury. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence and a clean antecedent. Counsel for the State opposed bail, but the court considered the facts, the nature of the alleged offences, and the petitioner’s clean record. The court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order directs release upon arrest or surrender within four weeks, pending satisfaction of the lower court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023
  • Whether the nature of the alleged offences justifies denial of bail under Section 482(2) of the BNSS

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88683 of 2025
                       Arising Out of PS. Case No.-426 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Raushan Kumar @ Golden Kumar @ Sanu Yadav Son of Hari Darshan
                 Yadav, @ Hari Darshan Prasad Resident of village-Mohanaziya -Tari P.S.-
                 Rajauli District- Nawada, under guardianship of his Mausa (maternal uncle)
                 namely Arun Kumar Yadav, son of Surajdev Singh, resident of village-
                 Kumharet, P.S.- Wazirganj, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sinha
                 For the Opposite Party/s :       Ms. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Rajauli P.S. Case No. 426 of 2025 registered for offences under

                   Sections 126(2), 115(2), 109, 303(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is said to

                   have assaulted the victim causing simple injury on the head.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner has clean antecedent.

                                5. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.88683 of 2025(2) dt.15-01-2026
                                                        2/2




                      the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Nawada/concerned Court below in connection with

                      Rajauli P.S. Case No. 426 of 2025 subject to the conditions as

                      laid down under Section 482(2) of the BNSS.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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