Patna High Court
Tripurari Kumar @ Tripuri Kumar @ ChoteversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that, given the minor injuries and the GPS evidence casting doubt on the prosecution's case, bail should be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Tripurari Kumar and Pawan Kumar, sought bail fearing arrest in a case involving alleged assault with a sword and a vehicle dash, charged under several sections of the Bharatiya Nagrik Suraksha Sanhita. They contended that GPS data showed the vehicle was elsewhere at the time, and that the injuries to the informant were minor and caused by blunt objects, rendering the prosecution case weak. The State opposed bail, emphasizing the specific accusations of assault with a sword and iron rod. The Court, noting the simple nature of the injuries, the GPS evidence, and the petitioners' undertakings, granted bail subject to conditions under Section 482(2) of the BNS. The bail order required a bond of Rs.10,000 with two sureties and a family member as one bailor.
Issues considered
- Whether bail should be granted to the petitioners in view of the alleged offences and evidence presented.
- Whether the GPS location evidence undermines the prosecution's case.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
Subjects
- bail
- assault
- GPS evidence
- criminal antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- minor injuries
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91180 of 2025
Arising Out of PS. Case No.-504 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
1. Tripurari Kumar @ Tripuri Kumar @ Chote S/O Manoj Singh Residents of
Village- Kamal Bigha, Post-Chandi Ma, P.S.- Rajgir, District- Nalanda,
Bihar.
2. Pawan Kumar S/O Late Ramashray Singh Residents of Village- Kamal
Bigha, Post-Chandi Ma, P.S.- Rajgir, District- Nalanda, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sintu Kumar S/O Kedar Yadav R/O Village- Konipar, P.O- Bindi Dih, P.S-
Silao, Distt.- Nalanda, Bihar- 803109.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiv Pratap
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Rajgir P.S. Case No. 504 of 2025, registered for the
offences punishable under Sections 281, 126(2), 115(2), 118(1),
117(2), 109(1), 352, 303(2), 3(5) of the BNS.
3. It is alleged that on the previous day when the
informant made a demand for his due amount, he was
mishandled by one Shrawan Kumar in his Gas Godown. On the
next day, while the informant was going to his work place, in
the meanwhile, co-accused Dharmendra Paswan dashed him
Patna High Court CR. MISC. No.91180 of 2025(2) dt.15-01-2026
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with the loaded pick up van, whereafter petitioner No. 2
assaulted him by means of sword over his head and further
petitioner No. 1 assaulted him over the back of his head due to
which he sustained serious injuries. There is further allegation
against other accused persons of causing assault.
4.Learned Advocate for the petitioners submitted that
the entire prosecution case falls to the ground for the simple
reason that the allegation of dashing with the vehicle bearing
BR01 GJ 8678 does not corroborate with the GPS location of
the said vehicle as the same is found at different place at the
time of alleged occurrence. To support the aforesaid contention,
GPS location of the vehicle for the relevant time has been
placed on record as Annexure-P/2. It is next contended that the
injured has sustained only two injuries and all of them caused
by hard and blunt substance, which also made the prosecution
case doubtful; moreover injuries are simple in nature. The
petitioners though bear two and one criminal antecedent
respectively, however in all the cases they are on bail and
undertake that they will fully cooperate in the proceeding of the
court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
Patna High Court CR. MISC. No.91180 of 2025(2) dt.15-01-2026
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there is specific accusation against the petitioners causing
assault by means of sword and iron rod and there is
corresponding injury over the body of the informant.
6. Regard being had to the submissions made on
behalf of the parties and considering the simple nature of
injuries, coupled with the document suggesting the GPS
location of the vehicle, besides the undertaking of the
petitioners, let the petitioners abovenamed be released on bail,
in the event of their 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) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nalanda, Biharsharif in connection with
Rajgir P.S. Case No. 504 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 petitioners.
(Harish Kumar, J)
Anjani/-
U T
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