Patna High Court
Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, given the FIR delay, the petitioners' clean antecedent, and the insufficient detail on the injury, bail should be granted subject to prescribed conditions.
Summary
The petitioners, Nandan Kumar and Mukesh Mahto, were accused of assaulting an informant and stealing her ornaments, leading to a charge under several sections of the Bharatiya Nyaya Sanhita, 2023. They applied for bail, contending that the FIR was lodged three days after the incident without explanation and that the injury to the informant was minor. The State opposed bail, emphasizing the seriousness of the head injury caused by the assault. The court noted the delay in filing the FIR, the petitioners' clean antecedent, and the lack of a detailed injury report, and considered the weapon used (a stone) to be relatively harmless. Consequently, the court granted bail with a bond of Rs.10,000 each and required two sureties, one of whom must be a close relative, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners despite the charges of assault and theft
- Whether the three‑day delay in lodging the FIR and the nature of the alleged injury affect the bail decision
- Whether the petitioners' fair antecedent and the alleged weapon used justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 74
Subjects
- bail
- assault
- theft
- delay in FIR
- fair antecedent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91318 of 2025
Arising Out of PS. Case No.-269 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Nandan Kumar, Son of Mukesh Mahto, Resident of Village- Jakarpura
(Nirpur), P.S.- Surajgarha, District- Lakhisarai
2. Mukesh Mahto, Son of Adlu Mahto, Resident of Village- Jakarpura (Nirpur),
P.S.- Surajgarha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Opposite Party/s : Mr. Sateyndra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Surajgarha P.S. Case No. 269 of 2025
registered for the offences under Sections 126(2), 115(2), 74,
303(2) 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. In the night of the fateful day, the petitioners along
with others entered into the house of the informant and started
teasing her. It is specifically alleged that co-accused Rekha
Devi snatched golden ornaments, whereupon petitioner no.2
thrashed her to the ground and petitioner no.1 assaulted her by
means of stone over her head, due to which she sustained
serious injury.
Patna High Court CR. MISC. No.91318 of 2025(2) dt.28-01-2026
2/3
4. Learned Advocate for the petitioner taking this
Court through the F.I.R. contended that admittedly the parties
are next door neighbour and the alleged occurrence took place
on 07.09.2025, but the present F.I.R. came to be instituted on
11.09.2025, after a delay of three days, but the same has not
been explained. Prima facie, the injury, which is allegedly
sustained to the informant is concerned, the same appears to
be simple in nature, inasmuch as in the impugned order, the
learned court though has taken note of the fact that there is
head injury, but knowingly did not disclose the nature of
injury. The petitioners are men of fair antecedent and they
undertake that they will fully cooperate in the proceeding of
the court.
5. On the other hand, learned APP for the State
opposes the bail application and submits that because of the
assault being made by both the petitioners, the informant
sustained serious injury over her head.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the delay in lodging of the F.I.R., coupled with the fair
antecedent, besides the fact that the learned court has not
disclosed the nature of injury, moreover, the weapon, which is
Patna High Court CR. MISC. No.91318 of 2025(2) dt.28-01-2026
3/3
used by the petitioner no.1 is said to be a stone, let the
petitioners, named above, in the event of their arrest or
surrender before the court below within four weeks from the
date of receipt/production of a copy of this order, be released on
bail on furnishing bail bonds of Rs.10,000/- (Rupees ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Lakhisarai in
connection with Surajgarha P.S. Case No. 269 of 2025, subject
to the condition as laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close relative
of the petitioners.
(Harish Kumar, J)
uday/-
U T
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