Patna High Court

Aditya Kumar DasversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that anticipatory bail cannot be granted where the alleged offence involves grievous injury, and thus dismissed the petition.

Summary

The petitioner, Aditya Kumar Das, filed an anticipatory bail application fearing arrest in a case registered under Sections 341, 324, 307, 379 and 506/34 of the Indian Penal Code. The FIR alleges that he assaulted the informant with a knife, causing multiple cut injuries on the informant's forehead, which the doctor classified as grievous. The petitioner sought relief under Section 438 of the Criminal Procedure Code. The Court examined the seriousness of the alleged offences and the nature of the injuries. Considering that the injury was grievous and the offences are serious, the Court rejected the anticipatory bail application. The petition was therefore dismissed.

Issues considered

Whether anticipatory bail can be granted under Section 438 CrPC when the alleged offences involve grievous injury.
Whether the seriousness of the alleged offences justifies denial of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code — s. 307, 324, 341, 379, 506/34

Subjects

anticipatory bail
grievous injury
IPC sections
CrPC Section 438
bail denial
criminal law

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.12177 of 2026
                         Arising Out of PS. Case No.-15 Year-2024 Thana- LODIPUR District- Bhagalpur
                    ======================================================
                    Aditya Kumar Das S/o Balmiki Das @ Prakash Das Resident of Village-
                    Sardho, P.S.- Sabour, District- Bhagalpur
                                                                      ... ... Petitioner/s
                                                        Versus
              1.     The State of Bihar
              2.     Kargil Kumar Son of Mantu Yadav Resident of Village- Bishanpur, P.S.-
                     Lodipur, District- Bhagalpur (Informant)
                                                                     ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr. Ajay Kumar Sinha, Senior Adv.
                                                     Mr. Dilkash Khan & Mr. Pravin Kumar, Adv.
                    For the Opposite Party/s :       Mr.Brajendra Nath Pandey
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      24-02-2026                     Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                    2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 341, 324, 307,

                      379, 506/34 of the Indian Penal Code.

                                    3. As per F.I.R., this petitioner assaulted informant

                      with knife. Doctor has found multiple cut injuries over forehead

                      of informant. Nature of injury is grievous.

                                    4. Considering the nature of injury, the prayer for

                      anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

Continue reading with your account

Checking your session…