Patna High Court
Prakash Kumar @ Omprakash Kumar @ OmprakashversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Prakash Kumar, sought regular bail in a case registered under multiple sections of the B.N.S. alleging assault with an iron rod, resulting in grievous injuries and theft of Rs.30,000. The prosecution alleged that the petitioner, along with others, participated in the assault, while the petitioner’s counsel argued that the FIR was vague, the specific assault was attributed to other accused, and the petitioner had no criminal antecedents and was in custody since 12‑10‑2025. The defence highlighted that the injury fell under Section 325 IPC, which is bailable, and claimed the case was an accident stemming from enmity. The State opposed bail. After considering the facts, the court found insufficient material to deny bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the allegations against the petitioner are specific enough to justify denial of bail.
- Whether the bailable nature of the corresponding IPC provision influences the bail decision.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)
- Indian Penal Code — s. 325
Subjects
- regular bail
- B.N.S.
- IPC
- assault
- grievous injury
- judicial custody
- bailable offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91163 of 2025
Arising Out of PS. Case No.-315 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Prakash Kumar @ Omprakash Kumar @ Omprakash S/O Karu Yadav @
Krishndev Prasad R/O Village- Kaila, P.S.- Sare, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-01-2026 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), 117(2), 118(1), 109(1), 303(2) and 3(5) of B.N.S.
3. The case of the prosecution is that the petitioner
along with others assaulted with iron rod to the informant while
he was going on his bike due to which, he fell down and his
hand was fractured and he sustained head injury as well. After
that, Chunchun and Robin assaulted him with the butt of the
pistol and took away Rs. 30,000/-
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.91163 of 2025(2) dt.17-01-2026
2/3
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the nature of allegation is general and
omnibus and the specific allegation of assaulting is against
Chunchun and Robin not against this petitioner. From perusal of
the injury report, it transpires that injury no. 1- injury to left
forearm is grievous in nature. There is fracture of shaft of both
radius and ulna of left forearm which comes attracts section
325 of IPC corresponding to Section 117(2) of B.N.S. which is
bailable in nature. Learned counsel for the petitioner has
submitted that actually it is a case of accident and petitioner and
others have been framed in this case due to enmity. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. Moreover, the petitioner is
languishing in judicial custody since 12.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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
Asthawan P.S. Case No. 315 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.91163 of 2025(2) dt.17-01-2026
3/3
each to the satisfaction of learned Judicial Magistrate-1st Class,
Biharsharif.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…