Patna High Court
Ashutosh Kumar @ Ashutosh KunwarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that bail should be granted to Petitioner No.2 subject to conditions.
Summary
Petitioner No.1 withdrew his application after being arrested, while Petitioner No.2 sought pre‑arrest bail in connection with FIR No.250/2025 alleging offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner had bitten the victim during a violent incident, but the defence highlighted that the medical report showed only a single head injury and no bite marks, and that the informant was not an eye‑witness. The State opposed bail, emphasizing the seriousness of the allegations. The court examined the injury report, noted the lack of prima facie evidence of biting, and considered the petitioner’s clean antecedent. Accordingly, the court granted bail to Petitioner No.2 subject to a Rs.10,000 bond, two sureties, and the condition that one bailor be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to Petitioner No.2 despite allegations of biting and other offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the injury report and lack of bite marks defeat the prima facie case against the petitioner.
- Whether the petitioner’s fair antecedent warrants bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(5), 127(2), 303(2), 3(5), 351(2), 76
Subjects
- pre‑arrest bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- injury report
- fair antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91171 of 2025
Arising Out of PS. Case No.-250 Year-2025 Thana- JALALPUR District- Saran
======================================================
1. Ashutosh Kumar @ Ashutosh Kunwar S/o Late Arun Kumar @ Late Arun
Kunwar R/o Village - Kishunpur, P.S.- Jalalpur, District - Saran.
2. Shubham Kunwar @ Pinku Kumar @ Subham Kumar S/o Satendra Kumar
R/o Village - Kishunpur, P.S.- Jalalpur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Adv.
For the Opposite Party/s : Mr. Rajendra Nath Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. At the outset, learned Advocate for the petitioner
submits at the Bar that during the pendency of the present
application, the petitioner no. 1 has got arrested and, as such, he
seeks permission to withdraw his application on his behalf.
3. Permission is accorded.
4. The petitioner no. 2 is apprehending his arrest in
connection with Jalalpur P.S. Case No. 250 of 2025, registered
for the offences punishable under Sections 126(5), 127(2),
115(2), 118(1), 109, 76, 303(2), 351(2) and 3(5) of the Bharatiya
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Nyaya Sanhita, 2023.
5. Allegedly in the evening of the fateful day while
the daughter of the informant was returning, in the meanwhile,
all the FIR named accused persons including the petitioner no. 2
surrounded her and forcibly tried to took her away in a forest.
When the same was protested, it is specifically alleged that co-
accused Avinash Kunwar @ Chhotu assaulted her by means of
farsha over her head, due to which she sustained head injury.
The allegation against the petitioner no. 2 is of biting, besides
further allegation against other accused persons of assault and
snatching the valuable of the victim and from the elder daughter,
who came to her rescue.
6. Learned Advocate appearing on behalf of the
petitioner no. 2 referring to the injury report, the copy of which
is placed on Annexure P/3 submits that the entire case falls to
the ground for the simple reason that the victim has sustained
only one injury over his head. There is no mark of biting over
the body of the victim. The informant is not an eye witness to
the alleged occurrence and even the impugned order does not
suggest that the victim has made any specific accusation against
the petitioner no. 2. It is further contended that in fact on
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account of some previous dispute, some altercation took place,
resulting into a small scuffle and unfortunate injury and thus, in
order to settle the score, the present FIR came to be instituted.
The petitioner no. 2 bears fair antecedent and he undertakes that
he will fully cooperate in the proceeding of the Court.
7. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that serious allegation has been levelled against the petitioner
no. 2 of biting the victim.
8. Regard being had to the submissions made on
behalf of the parties and considering the injury report which
does not prima facie support the allegation of biting, besides the
fair antecedent of the petitioner no. 2, let the above named
petitioner no. 2 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
Chief Judicial Magistrate, Saran in connection with Jalalpur P.S.
Case No. 250 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
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with the further condition that one of the bailors shall be the
own/close family members of the petitioner no. 2.
(Harish Kumar, J)
supratim/-
U T
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