Patna High Court
Md. Nadim Sarwar @ Md. NadimversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
2/2
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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