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Patna High Court

Pradeep Patel @ Pradeep KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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