Patna High Court
Raj Kishore Kumar @ Raj Kishore PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Raj Kishore Kumar, was charged under several sections of the Bharatiya Nyaya Sanhita for allegedly stabbing an informant, causing a simple injury. He had been in custody since 19 February 2025 and claimed innocence, asserting that he was falsely implicated and had no prior criminal record. The State opposed his regular bail application, arguing the seriousness of the charges and that the charge had already been framed. The Court considered the framing of charge, the petitioner’s clean antecedent, the nature of the injury, and the lack of risk of evidence tampering or absconding. Accordingly, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Danapur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charge being framed under multiple sections of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- simple injury
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.897 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- SAHPUR District- Patna
======================================================
Raj Kishore Kumar @ Raj Kishore Prasad S/O Late Jitu Kumar @ Jitu
Kumar Rai @ Jitu Rai R/O Village - Tara Chak, P.S- Danapur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Divya Rani, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
under Sections 126(2), 115(2), 303(2), 118(1), 109, 352 and
351(2) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, allegation against the
petitioner is that he stabbed the informant with a knife due to
which informant sustained injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that the injury to the injured
is simple in nature. Charge has already been framed in this case.
Petitioner is in custody since 19.02.2025 having no criminal
antecedent and he undertakes to co-operate in the trial. There is
Patna High Court CR. MISC. No.897 of 2026(3) dt.23-02-2026
2/2
no chance of tampering with the evidence or absconding of the
petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge has been framed, clean
antecedent of petitioner and period of custody undergone, let the
above named petitioner be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Danapur, Patna in connection with Shahpur
P.S. Case No. 69 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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