Patna High Court
Raushan Kumar @ Golden Kumar @ Sanu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 482(2)
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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