Patna High Court
Parashuram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Parashuram Kumar was arrested for alleged assault, kidnapping and related offences under sections 137(2), 96, 329(4), 351(2), 62 and 3(5) of the B.N.S. The prosecution alleged that he entered a house with an iron rod, assaulted a girl, threatened her brother and brandished a knife before being caught. The petitioner claimed innocence, stating the victim had earlier supported him in another case and that her statement under Section 183 indicated no quarrel. The State opposed bail, citing the seriousness of the offences and prior accusations of kidnapping. The court, after considering the submissions and the length of custody, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, and allowed the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences alleged under the B.N.S.
- Whether prior allegations of kidnapping and the circumstances of the incident preclude the grant of bail
Legislation cited
- B.N.S. — s. 137(2), 329(4), 3(5), 351(2), 62, 96
Subjects
- bail
- regular bail
- criminal procedure
- assault
- kidnapping
- Bihar Negotiable Statutes
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89239 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- Bargaon District- Darbhanga
======================================================
Parashuram Kumar S/o Rabindra Sahu R/o vill - Mansara, P.s.- Badgaon,
Distt.- Darbhanga, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. X S/o Mr. Z R/o vill - Mansara, P.S.- Badgaon, Distt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Smiti Bharti, Advocate
For the State : Mr. Prem Kumar Jha, APP
For the O.P. No. 2 : Mr. Sumit Kumar Srivastva, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the O.P. No. 2 and learned A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Badgaon P.S. Case No.
47 of 2025 registered for the offences punishable u/s 137(2), 96,
329(4), 351(2), 62 and 3(5) of the B.N.S.
3. As per the prosecution case, on 31-05-2025 at
05:00 PM, Parashuram Kumar Sahu (petitioner) entered the
house of the informant with an iron rod in his hand. Upon
hearing the screams of his sister, the informant rushed to the
place and saw that the petitioner was pulling his sister's hair.
Thereafter, the informant caught the petitioner on which the
petitioner said that if victim did not go with him he would kill
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her. On hulla, local people gathered over there, thereafter, the
petitioner took out a knife from his waist and tried to run away
waving it in the air but subsequently the petitioner was caught.
Three unknown persons who came with the petitioner, fled
away.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that earlier the victim
had joined the company of the petitioner for which Badgaon P.S.
Case No. 58 of 2024 was registered in which the petitioner is on
bail and the victim in the said case had given statement in
favour of the petitioner. It is next submitted that the petitioner
had earlier lodged a case against the prosecution party bearing
Badgaon P.S. Case No. 46 of 2025. It has also been submitted
that the statement of the victim girl was recorded under Section
183 of B.N.S.S., in which, although she has stated that the
petitioner forcibly entered her house but she has also stated that
no quarrel took place between the petitioner and her brother. It
is lastly submitted that the petitioner is in custody since
02.06.2025.
5. Learned APP for the State and learned counsel for
the O.P. No. 2 have vehemently opposed the prayer for bail of
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the petitioner and submitted that the petitioner on earlier
occasion also was made an accused with respect to kidnapping
of the victim.
6. Considering the aforesaid submissions of the
parties and the period of custody, let the petitioner above-
named, be enlarged on 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 Court concerned,
Darbhanga, in connection with Badgaon P.S. Case No. 47 of
2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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