Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
Raju Kumar was arrested in connection with a case alleging that, while intoxicated, he entered a police out‑door duty office and assaulted several police officers, including attempts to outrage their modesty, resulting in minor injuries. He applied for bail, claiming innocence and asserting that the allegations were fabricated and that he has no prior criminal record. The State opposed the bail application. The court examined the seriousness of the offences under the B.N.S., 2023 and the circumstances of the alleged assault. Considering the facts, the court found no compelling reason to keep the petitioner in custody and ordered bail on condition of a bond and sureties. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Legislation cited
- B.N.S., 2023 — s. 115(2), 118(1), 121, 126(2), 132, 352, 76
Subjects
- bail
- assault on police officers
- intoxication
- criminal procedure
- false implication
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9400 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Raju Kumar Son of Binod Kumar Sah Resident of - Paigambarpur, P.S.-
Singhwara, District - Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Smiti Bharti, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Singhwara P.S. Case No. 266 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 76, 132, 121,
118(1) and 352 of the B.N.S., 2023.
3. The case of the prosecution, in short, is that when
the informant was on O.D. duty at Singhwara P.S., in the
meantime the accused petitioner, namely Raju Kumar, who was
in an intoxicated condition, entered into the O.D. office and
started abusing and also attempted to outrage the modesty of the
informant. It is further alleged that when the informant dialed
112, lady constable Durgawati Kumari came to save the
informant, and then the accused petitioner also abused her and
Patna High Court CR. MISC. No.9400 of 2026(2) dt.19-02-2026
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tried to outrage her modesty. It is further alleged that when the
informant and the lady constable ran into the office of the S.I.
Kamlesh Mishra and woman constable Jyoti Kumari, then the
accused petitioner also rushed into the office and also abused
the S.I. Kamlesh Mishra. It is further alleged that on Hulla, Sub
Inspector Vikrant Kumar came there, and then the petitioner
also attacked him, due to which he sustained hand injury, and he
was taken to the P.H.C. Singhwara for treatment.
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. He also submits that the story is nearly a concoction. It is
not possible for a man to assault this many police personnel.
Moreover, the injury which has been received is simple in
nature. He further submits that a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 26.09.2025.
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
Patna High Court CR. MISC. No.9400 of 2026(2) dt.19-02-2026
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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 Chief
Judicial Magistrate, Darbhanga in connection with Singhwara
P.S. Case No. 266 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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