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Patna High Court

Naulesh Kumar @ Naulesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because of the specific and serious nature of the accusations and the gravity of the offences.

Summary

The petitioner, Naulesh Kumar, sought anticipatory bail after fearing arrest in a case alleging assault on an informant with an iron rod, causing grievous injuries. The prosecution alleged that the petitioner inflicted head and hand injuries, which a doctor confirmed as grievous. The petitioner claimed innocence, stating the incident was a sudden fight without premeditation and that he has a clean record. The State opposed the bail, emphasizing the specific accusations, the seriousness of the offences under the B.N.S., and the nature of the injuries. After considering the gravity of the charges and the direct nature of the allegations, the court rejected the petition for anticipatory bail. Consequently, the petition was dismissed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in light of the specific accusations and seriousness of the offences under the B.N.S.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 127(1), 303(2), 3(5), 352

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • criminal procedure
  • B.N.S. sections
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12230 of 2026
                      Arising Out of PS. Case No.-185 Year-2025 Thana- KADIRGANJ District- Patna
                 ======================================================
                 Naulesh Kumar @ Naulesh Paswan Son of Kamlesh Paswan @ Kamer
                 Paswan Resident of Village -Jaman Bigha P.O. -Khalilbad Netaul P.S.-
                 Kadirganj (Wrongly Typed in impugned order as Ghoshi) District -Patna


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ravi Bhushan, Advocate
                 For the State           :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 115(2),

                   127(1), 117(2), 109, 303(2), 352 and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted informant with iron rod due to which he

                   sustained injuries on his head and hand.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. The act was without premeditation in a

                   sudden fight. Petitioner claims clean antecedents.
             Patna High Court CR. MISC. No.12230 of 2026(2) dt.24-02-2026
                                                         2/2




                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       and there is specific accusation that he assaulted informant with

                       iron rod due to which he sustained injuries on his head and

                       fracture injury on the hand. Doctor has found the injuries,

                       sustained by the injured, grievous in nature.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and nature of injuries allegedly caused by this petitioner, the

                       prayer for grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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