Patna High Court
Saurabh Kumar @ Saurabh RajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
The Court rejected the appellant’s application for anticipatory bail, holding that the specific allegation of a knife assault on a vital part of the body justified denial of bail.
Summary
The appellant, Saurabh Kumar, was charged with offences under several sections of the Bihar Narcotic Substances Act, the Arms Act and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant with a knife, causing injury to the eye, and robbing him of Rs.15,000. He applied for anticipatory bail, claiming a clean antecedent and that the FIR description of the assault was vague and that the incident arose from a vehicular accident. The State and the informant opposed the bail, emphasizing the specific allegation of a knife assault on a vital part of the body and the seriousness of the offences. The Special Public Prosecutor and the informant’s counsel argued that the injury was not denied and that the presence of the accused at the scene indicated culpability. The Court held that the specific allegation of knife assault could not be ignored and that the seriousness warranted denial of bail. Consequently, the appellant’s prayer for anticipatory bail was rejected.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite allegations of assault with a knife causing injury to a vital part of the body.
- Whether the alleged lack of specificity in the FIR description of the assault is sufficient to justify granting bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- assault
- knife injury
- SC/ST Act
- Arms Act
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3875 of 2025
Arising Out of PS. Case No.-638 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Saurabh Kumar @ Saurabh Raj S/O Shankar Yadav @ Shiv Shankar Kumar
R/O Village- Majhauli, P.s.- Tankuppa, District- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Vavi Kumar @ Vanvi Kumar S/O Teju Chaudhary R/O Village- Bhusanda,
P.s.- Muafasil, District- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vishwa Ranjan Choudhary
For the State : Mr.Binay Krishna- Spl. P.P.
For the Informant : Mr.Ujjawal Kumar Singh
Mr.Arvind Kumar Sinha
Mr.Nirala Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 17-03-2026 1. Heard learned counsel for the appellant, the learned
Special Public Prosecutor for the State and the learned counsel
appearing on behalf of the informant.
2. The appellant has challenged the order dated
25.08.2025 passed by the learned Exclusive Special Judge,
SC/ST, Gayaji in connection with ABP No.223 of 2025, arising
out of Mufassil P. S. Case No. 638 of 2025 instituted for the
offences under Sections 126(2), 115(2), 118(1), 109, 303(2) and
3(5) of the B.N.S., Section 27 of the Arms Act and Section 3(1)
(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention
of Atrocities) Act, whereby his prayer for grant of anticipatory
Patna High Court CR. APP (SJ) No.3875 of 2025(5) dt.17-03-2026
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bail has been rejected.
3. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and the informant alleges that he along with his
friends had gone to buy chicken on 29.06.2025, when a four
wheeler dashed his motorcycle, thereafter Saurabh and Bhola
along with 10 unknown accused assaulted him with knife
causing injury near his left eye and assaulted Chhotu by rod
causing injury on leg and thereafter, fired in the air and snatched
Rs.15,000/- from Raushan.
4. The learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that though it
is alleged that appellant along with Bhola and 10 unknown
accused assaulted the informant by knife causing injury, but
then, the allegation of assault is not specific rather is general and
omnibus in nature. It is next submitted that there is no allegation
of abuse. It is further submitted that on account of accident, an
altercation took place on account of which the occurrence is
alleged to have taken place and both sides assaulted each other.
5. The learned Special P. P. as well as the learned
Patna High Court CR. APP (SJ) No.3875 of 2025(5) dt.17-03-2026
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counsel appearing on behalf of the informant opposes the
anticipatory bail application. The learned counsel appearing on
behalf of the informant submits that though allegation of assault
is not specific, but then, it is alleged that the accused persons
including the appellant assaulted the informant by knife causing
injury near his left eye. It is also submitted that eye is a vital
part of the body and knife is a dangerous weapon. It is further
submitted that allegation of assault may not be specific, but
then, presence of the accused persons including the unknown
accused at the place of occurrence emboldened the appellant
and Bhola to commit the occurrence. It is also submitted that it
is not denied in the appeal that injury was not caused by knife
on which the learned counsel appearing on behalf of the
appellant submits that the injury report be called for.
6. The Court is not persuaded by the submission made
by the learned counsel appearing on behalf of the appellant
seeking calling for the injury report for the reason that there is
specific allegation in the FIR of assaulting the informant by
knife and the same is not denied in the appeal.
7. After hearing the learned counsel for the parties,
the Court is not inclined to extend the privilege of anticipatory
bail to the appellant.
Patna High Court CR. APP (SJ) No.3875 of 2025(5) dt.17-03-2026
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8. The prayer of the appellant for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
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