Created by Fuzzy Cloud

Patna High Court

Rahul Sharma @ Rahul Kumar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.