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Patna High Court

Md. Nadim Sarwar @ Md. NadimversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations and injury report established the element of grievous hurt.

Summary

The petitioner, Md. Nadim Sarwar, sought anticipatory bail after being implicated in a case of assault and alleged grievous hurt under multiple sections of the Indian Penal Code. The prosecution alleged that the petitioner assaulted the informant and her husband, causing a fracture in the husband's left arm. The petitioner argued that the injury report did not describe the injury as "grievous" despite showing a fracture. The State contended that the assault resulted in a fracture, satisfying the element of grievous hurt. The court examined the injury report and the allegations, finding that the prosecution's evidence supported the claim of grievous injury. Consequently, the court held that no relief could be granted and rejected the anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under CrPC in view of the alleged grievous hurt
  • Whether the injury sustained qualifies as "grievous" hurt under the IPC

Legislation cited

  • Indian Penal Code — s. 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

  • anticipatory bail
  • grievous hurt
  • assault
  • Indian Penal Code
  • Criminal Procedure Code
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12203 of 2026
                     Arising Out of PS. Case No.-154 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Md. Nadim Sarwar @ Md. Nadim Son of Md. Afroz Ali Resident of Village-
                 Kathara, Ward No. 12, P.S.- Kishanpur, District- Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrit Abhijat, Adv.
                 For the Opposite Party/s :       Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   29-04-2026                     Heard Mr. Amrit Abhijat, learned counsel for the

                   petitioner and learned counsel for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Kishanpur P.S. Case No. 154 of 2025 instituted under

                   Sections 126(2), 115(2), 117(2), 118(1), 74, 303(2), 352, 351(2),

                   3(5) of BNS lodged on 30.07.2025 by the informant Champa

                   Devi.

                                3. As per the prosecution story, the informant alleged

                   that the accused persons earnestly came and after abuse the

                   assault. Allegation is that Md. Firoz @ Tuntun assaulted the

                   informant on head by iron rod thereafter the husband who came

                   to her rescue was assaulted by this petitioner causing fracture in

                   his left arm. Md. Afroz Ali assaulted the informant on his head

                   by farsa. This led to the FIR.
             Patna High Court CR. MISC. No.12203 of 2026(3) dt.29-04-2026
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                                    4. Learned counsel for the petitioner submits that the

                       word grievous is missing though the injury report shows that

                       there indeed has been fracture.

                                    5. The learned APP on the other hand submits that the

                       assault made by this petitioner led to fracture of the hand which

                       is corroborated from the injury report.

                                    6. Taking into account the submission of the parties as

                       also the allegation that has come against the petitioner, no relief

                       can be extended.

                                    7. The anticipatory bail application stands rejected.



                                                      (Rajiv Roy, J)
Abhishek/-

U      T


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