Patna High Court
CR. MISC./58554/2026 of Raushan Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58554 of 2026 Arising Out of PS. Case No.-415 Year-2026 Thana- DANAPUR District- Patna ====================================================== Raushan Kumar S/O Ramdeo Rai R/O Village- Mubarakpur, Ward no.7, P.S.- Shahpur, Distt.- Patna . ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58554 of 2026
Arising Out of PS. Case No.-415 Year-2026 Thana- DANAPUR District- Patna ======================================================
Raushan Kumar S/O Ramdeo Rai R/O Village- Mubarakpur, Ward no.7, P.S.- Shahpur, Distt.- Patna . ... Petitioner/s
Versus
1.
The State of Bihar BIHAR
2.
Daulat Devi W/O Bharat Rai R/O Village- Shanti Nagar, Ward no.7, P.S.- Shahpur, Distt.- Patna
... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sanjiv Sharan, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioners as well as learned A.P.P. on behalf of the State.
2. The Petitioner is accused in a case registered under Sections 115(2), 126(2), 74, 109(1), 118(1), 118(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the allegation made in the F.I.R., on 14.04.2026, the informant, Daulat Devi has alleged that her husband, Bharat Rai, and son, Ayush Kumar, were selling coconut at Anand Bazar. It is further alleged that the petitioner had come there and tried to molest her. Upon protest, a scuffle took place, and thereafter, the allegation against the petitioner is that he assaulted her husband with a daab on the neck. However, when her husband tried to save himself, he sustained a deep injury and a Patna High Court CR. MISC. No.58554 of 2026(2) dt.19-08-2026
deep cut on his right hand, which started bleeding.
4. Learned counsel for the petitioner submits that the occurrence took place in a crowded market. There was a trivial dispute between the parties, which resulted in the alleged occurrence. It is next submitted that there was no repetition of blow and, therefore, the ingredients of Section 109(1) of the B.N.S. is not made out.
5. Learned counsel fairly submits that although the injury has been found to be grievous in nature, it is only on the right-hand finger, which is not a vital part of the body, and as such, there was no repetition of the blow. Learned counsel for the petitioner further submits that the petitioner has been made an accused in one other case, in which he is already on bail. He is aged about 19 years and undertakes not to repeat such an offence.
5. Learned A.P.P. appearing on behalf of the State has opposed the application.
6. Taking into consideration the entire facts and circumstances of the case, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Court of Additional Chief Judicial Magistrate-I, Danapur, Patna in connection with Danapur P.S. Case No. 415/2026, subject to the following conditions:- Patna High Court CR. MISC. No.58554 of 2026(2) dt.19-08-2026
(i) The petitioner shall cooperate in the disposal of trial.
(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife.
(iii) The petitioner will appear on each and every date fixed by the trial court and if, they fails to do so on two consecutive dates, unless they are prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(iv) If petitioner repeats the offence of similar nature, his bail bond shall be liable to be cancelled by Court below after following due process of law.
(v) Before release, the learned Court below shall verify the criminal antecedent of the petitioner and if the petitioner is found involved in any case other than the case as mentioned in para-3 of the bail petition, the bail bond of the petitioner will not be accepted.
(vi) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.
Prachi/- (Raj Kumar, J) U