Patna High Court
Bir Bahadur KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond and two sureties.
Summary
Bir Bahadur Kumar, son of a pension‑holder informant, was arrested on 27‑11‑2025 in connection with a case (PS‑570/2025) alleging assault on his mother by his sister‑in‑law. The FIR implicates him under Sections 117(2), 118(2), 110, 351(2), 351(3) and 3(5) of the BNS, but the petitioner’s counsel argued that the complaint does not specifically allege his participation and that he has a clean antecedent. The State opposed the bail, contending the seriousness of the offences. The Court examined the lack of direct accusation against the petitioner and his willingness to cooperate, and concluded that regular bail could be granted. Accordingly, the petitioner was ordered to be released on bail upon furnishing a Rs.10,000 bond with two sureties of the same amount, subject to the trial court’s satisfaction.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 117(2), 118(2), 110, 351(2), 351(3) and 3(5) of the BNS.
- Whether the FIR contains a specific allegation of assault against the petitioner.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
Legislation cited
- BNS — s. 110, 117(2), 118(2), 3(5), 351(2), 351(3)
Subjects
- bail
- regular bail
- criminal procedure
- Indian Penal Code
- BNS
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9473 of 2026
Arising Out of PS. Case No.-570 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Bir Bahadur Kumar S/o Late Ramnirit Yadav @ Ramnrit Yadav R/o vill -
Ganesh Bigha, P.S.- Karauna, Distt.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate
Mr. Roop Kishan, Advocate
Mr. Parashuram Singh, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 117(2), 118(2), 110, 351(2),
351(3) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 27.11.2025. It is further submitted that informant alleges
that she is a pension-holder and her son (petitioner) on
24.06.2025 was quarreling with her for money when her
daughter-in-law (Neelam) came and assaulted the informant by
an iron rod causing injury over her eyes.
4. Learned counsel for the petitioner submits that
from perusal of the allegation as alleged in the FIR, it would
Patna High Court CR. MISC. No.9473 of 2026(2) dt.04-05-2026
2/2
manifest that informant is the mother of the petitioner and
alleges that petitioner was quarreling with her for money when
her daughter-in-law came and assaulted her. It is further
submitted that there is no specific allegation of assault against
the petitioner. It is next submitted that if the privilege of regular
bail is granted to the petitioner, the petitioner will not abscond
rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State vehemently opposes
the prayer for regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with
Jehanabad (Karauna) P.S. Case No. 570 of 2025.
(Satyavrat Verma, J)
Kundan/-
U T
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