Patna High Court
Pradeep Patel @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail could not be granted and rejected the petitioner's application.
Summary
Petitioner Pradeep Patel sought anticipatory bail in a case registered under the Bhartiya Nyaya Sanhita, 2023 for alleged assault with a farsa. The FIR named nine accused, including the petitioner, and alleged injuries to an informant. The petitioner’s counsel argued innocence, lack of medical corroboration, a clean criminal record, and cited that another accused had been granted bail. The State opposed the bail, emphasizing the specific assault allegation. The High Court, after considering the facts, declined to grant anticipatory bail and ordered the petitioner to surrender within four weeks, directing the trial court to hear any bail application on merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged assault with a farsa
- Whether the allegations and evidence presented are sufficient to justify denial of anticipatory bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bhartiya Nyaya Sanhita
- bail criteria
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12511 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Pradeep Patel @ Pradeep Kumar Kesav Patel R/O Village Kala Matihaniya,
P.S.- Bishambharpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Bishambharpur P.S. Case No. 162 of 2025, dated
29.07.2025, lodged under Sections 126(2), 115(2), 118(2), 109,
303(2), 352, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita,
2023 (hereinafter referred to as “BNS, 2023”), pending before
the Court of J.M., 1st Class, Gopalganj.
3. As per the prosecution, an FIR has been lodged
against nine named accused persons, including the present
petitioner. The allegation against the petitioner is that he
assaulted the informant with a farsa, due to which injury has
been caused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the injury alleged in the FIR and the injury
observed by the doctor are not corroborated, therefore, the
Patna High Court CR. MISC. No.12511 of 2026(2) dt.12-03-2026
2/2
present petitioner deserves bail. Counsel further submits that the
other accused person has already been granted bail. Counsel
also submits that the criminal antecedent of the petitioner is
clean and there is a case and counter-case between the parties.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that there is a specific
allegation against the petitioner of assaulting with a farsa.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 4 weeks from today. In case,
the petitioner surrenders within four weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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