Patna High Court
Rupesh Chandravanshi @ Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(2), 115(2), 126(2), 303(2), 3(5), 74
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
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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
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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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