Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioners.
Summary
Suraj Kumar and Saurav Kumar applied for anticipatory bail after being implicated in an FIR alleging assault with an axe and a dabia, resulting in injuries to the informant who later died during treatment. The petitioners argued they have clean antecedents and that the informant’s complaint lacked details about the underlying dispute. The State opposed bail, contending that the assault could be the proximate cause of death and that the petitioners might abscond while investigation continues. The court examined the seriousness of the allegations under the Bharatiya Nyay Sanhita and the risk of interference with the investigation. Concluding that the allegations were specific and serious, the court declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the allegations of assault and the informant's subsequent death
- Whether the petitioners pose a risk of absconding or tampering with the investigation
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 109, 117(2), 118(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 74, 76
Subjects
- anticipatory bail
- assault
- homicide
- Bharatiya Nyay Sanhita
- criminal procedure
- injury
- death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14933 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- PARBATTA District- Bhagalpur
======================================================
1. Suraj Kumar S/o Raju Mandal @ Rajendra Mandal R/o Village - Tulsipur,
P.S - Kharik, District - Bhagalpur
2. Saurav Kumar S/o Raju Mandal @ Rajendra Mandal R/o Village - Tulsipur,
P.S - Kharik, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 18-04-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 117(2), 118(2), 109, 74, 76, 352, 351(2),
351(3) of the Bharatiya Nyay Sanhita, 2023 and later on 103(1)
of BNS added.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that on 16.08.2026 at about 07.00 am, six named
accused persons including the petitioners came on account of
previous dispute to his house and tried to snatch his son from his
Patna High Court CR. MISC. No.14933 of 2026(3) dt.18-04-2026
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daughter-in-law, on alarm, the informant came to his house
when Suraj (petitoner no. 1) assaulted him by an axe causing
injury on his left hand, while Saurabh (petitioner no. 2)
assaulted by dabia causing injury on back further Ankush
dashed his daughter-in-law on the ground and when his son
Rajesh came to save her, accused Saurabh assaulted him by
dabia causing injury on his left hand.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR it would manifest that informant
himself has alleged that on account of previous dispute the
accused persons came to his house and committed the
occurrence but then has not disclosed that what kind of dispute
was prevailing in between the side of the petitioner and the
informant.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail application of the petitioners and submit that
there is specific allegation against the petitioners of assaulting
the informant by axe and dabia causing injury on hand and
back. It is further submitted that injury may not be on vital part
of the body but then the informant died subsequently on
Patna High Court CR. MISC. No.14933 of 2026(3) dt.18-04-2026
3/3
30.08.2025 during the course of treatment. It is thus submitted
that the assault may be the proximate cause of death. It is also
submitted that investigation in the case is continuing and if
petitioners are granted the privilege of anticipatory bail they
may abscond.
6. Considering the submissions made by learned APP
for the State, this Court is not inclined to extend the privilege of
anticipatory bail to the petitioners.
7. Accordingly, the anticipatory bail application is
rejected.
(Satyavrat Verma, J)
khushbu/-
U T
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