Patna High Court
Rahul Sharma @ Rahul Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the prosecution failed to demonstrate the presence of a weapon, specific intent to cause grievous injury, or any prior criminal record.
Summary
Rahul Sharma was charged under Sections 126(2), 115(2), 109, 76, 351(2) and 352 of the Bihar Penal Code for assaulting an informant and causing a grievous head injury to the informant's son, Satyam Kumar. The prosecution alleged that Sharma used a khanti (a wooden stick) found in the informant's house, resulting in subdural hematoma and pneumocephalus. Sharma's counsel argued that he was provoked, was not carrying a weapon, had no intention to cause serious harm, and had no prior criminal record, having been in custody since 5 October 2025. The State opposed bail, citing the seriousness of the injury. The court, after considering the lack of weapon, intent, and Sharma's clean record, decided to grant regular bail on a bond of Rs.10,000 with two sureties, directing his release. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences causing grievous hurt.
- Whether the absence of a weapon, lack of intent to cause serious injury, and no prior criminal antecedent justify granting bail.
Subjects
- regular bail
- assault
- grievous hurt
- Bihar Penal Code
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88696 of 2025
Arising Out of PS. Case No.-354 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
Rahul Sharma @ Rahul Kumar Sharma Son of Jogindra Sharma R/O Vill.-
Baijalpur, P.S.- Sabour, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate
Mr. Shivam Aniket, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 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), 109, 76, 351(2) and 352 of the BNS.
3. The case of the prosecution, in short, is that the
petitioner was assaulting the informant on some trivial issue as
the son of the informant, namely, Satyam Kumar came to rescue
his mother, the petitioner assaulted with khanti kept in the house
of the informant due to which the son of the informant received
head injury.
4. Learned counsel for the petitioner has submitted
that as the informant was abusing him and his ancestors, in
Patna High Court CR. MISC. No.88696 of 2025(3) dt.03-02-2026
2/3
grave anger he has used the khanti which was in the house of
the informant. Learned counsel for the petitioner has submitted
that petitioner was not carrying any weapon with him. He was
not having any intention to commit any occurrence. It has
further been submitted that moreover there is no repetition of
the blow. From perusal of the order of the learned trial court it is
clear that learned trial court has recorded that in para 27 of the
case diary injury report of Satyam Kumar which goes to show
that nature of injury is grievous in nature and hemorrhagic
contusions with small subdural hematoma with mild
pneumocephalus are seen in ballateral fromto-parietal regions
measuring about 5mm in thickness. Learned counsel for the
petitioner has further submitted that the petitioner is languishing
in judicial custody since 05.10.2025 having no criminal
antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail of the petitioner.
6. Having heard learned counsel for the parties and
considering the 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
Sabour P.S. Case No. 354 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.88696 of 2025(3) dt.03-02-2026
3/3
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned CJM, Bhagalpur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…