Rohit Kumar Nayak @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42192 of 2026 Arising Out of PS. Case No.-295 Year-2024 Thana- PHULPARAS District- Madhubani ====================================================== 1.
Rohit Kumar Nayak @ Rohit Kumar Son of Bhola Sah Resident of VillageBrahampur, P.S.- Phulparas, District- Madhubani 2.
Ram Sunair Devi @ Ram Sundari Devi Wife of Bhola Sah Resident of Village- Brahampur, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Jha Raman For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Phulparas P.S. Case No. 295/2024 registered for the offences punishable under Sections 329(4), 329(1), 118(1), 109, 76, 303(2), 351(2), 351(3) and 3(5) of the BNS.
3. As per FIR, petitioners alleged informant causing head and bodily injuries by means of farsa, where alleged assault was made with an intention to cause death, which took place in the background of land dispute.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioner no.1 assaulted on the head of the informant and another injured Shambhu Sah during the occurrence. It is submitted that only single injury was found which also not appears corroborating with the nature of weapon and further nature of injury
Patna High Court CR. MISC. No.42192 of 2026(2) dt.06-07-2026 2/2 upon medical examination found simple. It is submitted that petitioner no. 2 implicated only for the reason as she is wife of petitioner no. 1. Petitioners claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking note of fact as allegation qua physical assault prima-facie not appears repeated without having any intervening circumstances, coupled with fact, nature of injury upon medical examination found simple, primafacie negating intention to cause death, accordingly all above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Jhanjharpur, Madhubani/concerned Court, where the case is pending in connection with Phulparas P.S. Case No. 295/2024, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) S.Tripathi/- U T