Patna High Court
Raja Ram KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to petitioner no. 1 and denied to petitioner no. 2.
Summary
The petitioners, Raja Ram Kumar and Satish Kumar, sought bail fearing arrest in a criminal case (Chandi P.S. Case No. 193 of 2025) involving multiple offences under the Bihar Negotiable Statutes. The prosecution alleged that the petitioners assaulted the victim, causing injury. The petitioners claimed innocence and false implication. The Court, noting the severity of injury, declined bail for petitioner no. 2, while finding only a general allegation against petitioner no. 1 and therefore granted bail to him subject to a bond and sureties under Section 438(2) of the CrPC and Section 482 of the BNSS. The bail order required surrender within four weeks and compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to petitioner no. 1 under Section 438 CrPC and Section 482 BNSS given the nature of the allegations.
- Whether bail should be denied to petitioner no. 2 considering the injury caused to the victim.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 76
- Bihar Negotiable Statutes (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Section 482
- assault
- injury
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90940 of 2025
Arising Out of PS. Case No.-193 Year-2025 Thana- CHANDI District- Nalanda
======================================================
1. Raja Ram Kumar s/o Jathu Saw @ Bijendra Saw R/o-Village-Utra, P.O.-
BhediyaUtra, P.S.-Chandi, District-Nalanda
2. Satish Kumar S/o Jathu Saw @ Bijendra Saw R/o-Village- Utra, P.O.-
BhediyaUtra, P.S.-Chandi, District-Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ambrish Kr Jha
Smt. Shashi Priya Pathak
Mrs. Antra Azad
For the Opposite Party/s : Mr.Syed Ehteshamuddin
For the Informant : Mr. Braj Kishore Prasad Sinha
Mr. Dhirendra Kumar
Mr. Nagendra Kumar Himanshu
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Chandi P.S. Case No. 193 of 2025 registered
for the offence under Sections 329(3), 126(2), 115(2), 76, 109,
303(2), 352, 351(2) and 3(5) of the BNS.
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 they have falsely been
implicated in this case.
Patna High Court CR. MISC. No.90940 of 2025(2) dt.28-01-2026
2/2
5. Considering the injury caused to the victim, this
Court is not inclined to grant bail to the petitioner no. 02. So far
as petitioner no. 1 is concerned, there is general and omnibus
allegation levelled against him.
6. Accordingly, this application is dismissed with
regard to petitioner no. 2 and is allowed with regard to petitioner
no. 1.
7. Let the petitioner no. 1, above named, in the
event of his arrest or surrender before the concerned Court
below within four weeks from today, 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 the learned
ACJM-III, Hilsa, Nalanda/concerned Court below in connection
with Chandi P.S. Case No. 193 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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