Patna High Court
Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail could not be granted as the injury was grievous and the offences alleged justified denial.
Summary
The petitioner, Nandan Kumar, applied for anticipatory bail in connection with FIR No. 168 of 2025 alleging offences under Sections 115(2), 126(2), 110, 351(2), 352 and 3(5) of the B.N.S. The prosecution alleged that the accused, armed, assaulted the informant causing a grievous injury to the nose. The petitioner argued that there is a case and counter‑case and that he has no prior criminal record. The opposing counsel produced the injury report showing the wound to be grievous, which was also reflected in the Sessions Judge's order. Considering the seriousness of the injury and the nature of the alleged offences, the Court declined to extend anticipatory bail and rejected the bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegation of a grievous injury.
- Whether the nature of the offences under the B.N.S. warrants denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 110, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- bail denial
- grievous hurt
- injury report
- B.N.S.
- criminal procedure
- section 115
- section 126
- section 110
- section 351
- section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17177 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
======================================================
Nandan Kumar S/o Mahendra Mahto R/o Village- Maheshpur, P.S- Piribazar,
Dist- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Piribazar P.S. Case No. 168 of 2025, registered
for the offence under Sections 115(2) /126(2) /110 /351 (2) /
352/3(5) of the B.N.S. lodged on 21.10.2025 by the informant,
Sachidanand Mehta.
3. As per the prosecution story, the informant alleged
that the accused persons came, armed variously and assaulted
causing injury on the nose. This led to the FIR.
4. Learned counsel for the petitioner submits that
there is case and counter case and the petitioner has no criminal
antecedent.
5. Mr. Ashok Kumar Singh, learned APP, on the other
hand has taken this Court the injury report which is part of the
Patna High Court CR. MISC. No.17177 of 2026(2) dt.25-03-2026
2/2
record to show that the injury on the nose has been found to be
grievous in nature and it has also been incorporated in the
learned Sessions Judge order.
6. Considering the aforesaid facts and also the nature
of injury, this Court is not inclined to extend him privilege of
anticipatory bail.
7. Accordingly, the bail application stands rejected.
(Rajiv Roy, J)
Ranjeet/-
U T
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