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Patna High Court

Rupesh Chandravanshi @ Rupesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to pre‑arrest bail, subject to cash bond and surety conditions, as the injury is simple and the FIR was unduly delayed.

Summary

The petitioner, Rupesh Chandravanshi, was accused of assaulting the husband of an informant, causing serious injury, under several provisions of the Bharatiya Nyaya Sanhita, 2023. He applied for pre‑arrest bail, contending that the injury was simple, the FIR was lodged two days after the incident without explanation, and he was already on bail in a related case. The State opposed bail, emphasizing the seriousness of the assault. The Court examined the delay in filing the FIR, the nature of the injury, the petitioner’s prior criminal antecedent, and the statutory provisions governing bail. Considering the simple nature of the injury and the FIR delay, the Court granted bail subject to a cash bond and surety conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order also required one bailor to be a close family member of the petitioner.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the alleged assault and the delay in lodging the FIR.
  • Whether the simple nature of the injury and the statutory provisions justify granting bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • delay in FIR
  • simple injury
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91169 of 2025
                      Arising Out of PS. Case No.-51 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
                 Rupesh Chandravanshi @ Rupesh Kumar S/o Prayag Chandravanshi R/o
                 Village- Pandey Karma, PS- Kasma, Dist- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tej Narayan Singh, Adv.
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Kasma P.S. Case No. 51 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 74, 109(2),

                   303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is of causing

                   assault by means of handle of the hand pump over the head of the

                   informant’s husband, due to which he sustained serious injury.

                                4. Learned Advocate appearing on behalf of the

                   petitioner submitted that in fact on account of a previous

                   dispute, some scuffle took place which resulted into some

                   unfortunate injury; moreover the injury which is allegedly
Patna High Court CR. MISC. No.91169 of 2025(2) dt.15-01-2026
                                            2/3




          sustained to the informant’s husband is concerned, the same is

          found to be simple in nature. To support the aforesaid

          contention, injury report has been placed on record as Annexure

          P/2. It is further contended that though the alleged occurrence

          took place on 27.04.2025, the present FIR came to be instituted

          on 29.04.2025, without explanation for causing delay in

          institution of the FIR. The petitioner though bears one

          criminal antecedent as has been disclosed in paragraph no. 3,

          however he is on bail in the said case is the contention of the

          petitioner.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that the petitioner has specifically assaulted the informant’s

          husband, due to which he sustained serious injury.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the delay in lodging of the

          FIR, coupled with the simple nature of injury, let the petitioner

          above named be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, upon

          furnishing bail bonds of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned
             Patna High Court CR. MISC. No.91169 of 2025(2) dt.15-01-2026
                                                         3/3




                       Chief Judicial Magistrate, Aurangabad in connection with

                       Kasma P.S. Case No. 51 of 2025, subject to the conditions laid

                       down in Section 482(2) of the Bharatiya Nagrik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


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