Patna High Court
Ashwani Kumar @ Chunnu Singh @ Ashwani Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
The petitioners, Ashwani Kumar and Avinash Kumar, sought anticipatory bail after being implicated in a case (Pura PS Case No. 65 of 2025) for offences under sections 126(2), 115(2), 352, 351(2), 75, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant, Rupa Kumari, alleged that the accused repeatedly dumped bricks in her drain, assaulted her husband causing serious injuries, attempted to outrage her modesty, and injured her mother‑in‑law. The prosecution presented a medical report showing grievous injuries, including a fractured frontal bone with comminution. The petitioners argued that there was a counter‑case, both parties were neighbours, and they had no prior criminal record. The court, after considering the injury report and the seriousness of the allegations, found no basis to grant relief and rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged grievous injuries and the nature of the offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 75
Subjects
- anticipatory bail
- grievous hurt
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- sections 126, 115, 352, 351, 75, 109, 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11196 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- Pura police station District- Gaya
======================================================
1. Ashwani Kumar @ Chunnu Singh @ Ashwani Kumar Singh S/O Jayshree
Singh R/O Village- Alalpur, P.S- Pura, Dis.- Gaya.
2. Avinash Kumar @ Tinku Singh @ Avinash Kumar Singh S/O Jayshree
Singh R/O Village- Alalpur, P.S- Pura, Dis.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Adv.
Mr. Arunay Sahi, Adv.
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 17-06-2026 Heard Mr. Arunay Sahi, learned counsel for the
petitioner, the State as also the informant.
2. The petitioner apprehends his arrest in connection
with Pura P.S. Case No. 65 of 2025 for the offence registered
under sections 126(2)/115(2)/352/351(2)/75/109/3(5) of the
Bharatiya Nyaya Sanhita, 2023 lodged on 11.10.2025 by the
informant, Rupa Kumari.
3. As per the prosecution story, the lady alleged that
the accused persons used to dump bricks in her drain regularly
and when this was opposed by her husband, was brutally
assaulted till he suffered serious injuries. They also tried to
outrage her modesty as also injured her mother-in-law, this led
Patna High Court CR. MISC. No.11196 of 2026(6) dt.17-06-2026
2/2
to the husband being shifted to Tekari Hospital in serious
condition, then to Gaya Hospital and finally to Patna.
Accordingly, the F.I.R.
4. Learned counsel for the petitioner submit that there
is case and counter case, both sides have suffered injuries, are
neighbors and have no criminal antecedent.
5. Learned counsel for the informant on the other
hand has taken this court to the injury report of the husband of
the informant to show that most of the injuries have been found
to be grievous in nature. To show that the injury inflicted, the
injury no.1 which has been recorded as fracture involving left
frontal bone and bilateral sinus with communition of the
fracture fragments have been found to be grievous in nature.
6. Taking into account the submissions of the parties
as also the allegation that has come against the petitioner and
the injury report, no relief can be extended.
7. The Anticipatory Bail application stands rejected.
(Rajiv Roy, J)
Vijay
Singh/Munindra
Kumar sahu
U T
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