Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36370 of 2026 Arising Out of PS. Case No.-65 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai ====================================================== Pawan Kumar S/O Rajendra Yadav R/O Village- Shekhopurwa, P.S- Ramgarh Chowk, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 109(1), 329(4), 324(2), 117(2), 303(2), 352 and 351(3) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner along with others is said to have assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the First Information Report discloses an allegation that the accused persons assaulted the informant and her family members. So far as the allegation on the petitioner is concerned, it has been stated that he alongwith two others

Patna High Court CR. MISC. No.36370 of 2026(2) dt.10-06-2026 2/3 assaulted the informant's mother by means of lathi and iron rod, however, as against the assault by three persons the injury report (Annexure-P/3) discloses only one injury in the nature of pain and swelling in left thigh/hip region with inability to move. However, subsequently on the basis of radiography the nature of injury has been said to be grievous. It is submitted that the injury is on the non-vital part of the body and there is a case on the side of the petitioner and the persons on the petitioner's side have also received injuries. Learned counsel has submitted that the allegations demonstrate that there could not have been any intention to kill, as such, Section 109 of the B.N.S. would not get attracted and the petitioner having clean antecedent, is in custody since 23.03.2026.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

6. Taking into consideration the facts and circumstances and also considering the fact that there is general and omnibus nature of assault and the injury is on non-vital part, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.36370 of 2026(2) dt.10-06-2026 3/3 the learned Judicial Magistrate-Ist Class, Lakhisarai/concerned Court below in connection with Ramgarh Chowk P.S. Case No. 65 of 2026.

(Soni Shrivastava, J) Anand/Ayush/- U T