Patna High Court
Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, in view of the petitioner’s lack of prior criminal record, the simple nature of the injury and the precedent of bail being granted to a co‑accused, bail should be granted.
Summary
Abhay Kumar was arrested in connection with a case of assault on Amna Khatoon, alleged to have been attacked with a sabbal. The prosecution charged him under multiple sections of the B.N.S., 2023. The petitioner claimed innocence, asserted that the injury was minor, and highlighted his clean criminal record and that a co‑accused in a similar case had already been granted bail. The State opposed the bail application. After considering these factors, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 196, 329(4), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- pre‑trial detention
- injury report
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91541 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Abhay Kumar S/o Dilip Mistri R/o Village - Naudadih, (Nauadih), P.S -
Sikandra, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sikandra P.S. Case No. 105 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 109, 329(4), 196, 352 and 351(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner has assaulted Amna Khatoon with sabbal on her head.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that from
perusal of the injury report of the victim, it is clear that the
nature of injury is simple in nature. Moreover, a statement has
Patna High Court CR. MISC. No.91541 of 2025(3) dt.05-02-2026
2/2
been made in para-3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 04.11.2025. It has also been submitted that similarly
situated other co-accused person has already been granted bail
by this Court vide Cr. Misc. No. 86336 of 2025. The case of this
petitioner stands on similar footing.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Jamui in connection with Sikandra P.S.
Case No. 105 of 2025.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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