Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioners subject to the conditions prescribed under Section 482 of the BNSS and Section 438(2) of the CrPC.
Summary
The petitioners, four members of the Yadav family from Shahjahnapur, sought bail fearing arrest in a criminal case (Bikram P.S. Case No. 319 of 2025) filed under several sections of the Bharatiya Nyaya Sanhita alleging assault. The prosecution alleged that the petitioners assaulted the victim, while the petitioners contended they were innocent and that any injury caused was simple. The court examined the nature of the alleged injury and the seriousness of the charges. Finding that the injury was simple, the court allowed the bail application. The bail was conditioned on a bond of Rs.10,000 per petitioner with two sureties each, subject to Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- Whether bail should be granted to the petitioners despite charges under sections 329(3), 126(2), 115(2), 110, 303(2), 74 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the nature of the injury (simple) justifies the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 303(2), 329(3), 3(5), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- simple injury
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89892 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- BIKRAM District- Patna
======================================================
1. Raj Kumar Son of Umesh Yadav @ Yugal Yadav Resident of Village -
Shahjahnapur, P.S.- Bikram, District - Patna.
2. Suraj Kumar Son of Umesh Yadav @ Yugal Yadav Resident of Village -
Shahjahnapur, P.S.- Bikram, District - Patna.
3. Kamodi Devi W/o Umesh Yadav Resident of Village - Shahjahnapur, P.S.-
Bikram, District - Patna.
4. Usha Devi @ Usha Kumari W/o Raj Kumar Resident of Village -
Shahjahnapur, P.S.- Bikram, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Chandra, Advocate
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Bikram P.S. Case No. 319 if 2925 instituted under
Sections 329(3), 126(2), 115(2), 110, 303(2), 74 and 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioners are said
to have assaulted the victim.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and the injury caused to the victim is
Patna High Court CR. MISC. No.89892 of 2025(2) dt.04-02-2026
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simple in nature.
5. Considering the fact that the injury caused to the
victim is simple in nature, this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M., Danapur at Patna in connection with Bikram P.S.
Case No. 319 of 2025, subject to the conditions laid down in
Section 482 of the BNSS/ 438(2) of the Code of Criminal
Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U
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