Patna High Court
Bhushan Kumar @ Shashibhushan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court rejected the petitioner's anticipatory bail application, holding that bail could not be granted in the present circumstances.
Summary
Bhushan Kumar, the petitioner, feared arrest in connection with Noorsarai Police Station Case No. 282 of 2025, which alleged offences under sections 127(1), 115(2), 117(2), 303(2), 307 and 3(5) of the Indian Penal Code. The prosecution alleged that unknown persons stopped the petitioner’s motorcycle, assaulted him with a pistol, and stole cash and ornaments, during which the informant was also injured. The petitioner, through counsel Pankaj Kumar, pleaded innocence and applied for anticipatory bail. The State, represented by Sharda Kumari, opposed the bail, emphasizing the seriousness of the offences and the injury to the informant. After hearing both sides, the Court held that the circumstances did not warrant anticipatory bail and rejected the application.
Issues considered
- Whether anticipatory bail should be granted in a case involving robbery, assault, and injury to the informant under the specified IPC sections
Legislation cited
- Indian Penal Code — s. 115(2), 117(2), 127(1), 303(2), 307, 3(5)
Subjects
- anticipatory bail
- Indian Penal Code
- robbery
- assault
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17367 of 2026
Arising Out of PS. Case No.-282 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Bhushan Kumar @ Shashibhushan Prasad Son of Late Jagan Mohan Mahto
R/o Village - Kewai, P.S - Noorsarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Adv.
For the Opposite Party/s : Mr. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Mr. Pankaj Kumar, learned counsel for the
petitioner and the State.
2. The petitioner apprehends his arrest in connection
with Noorsarai P.S. Case No. 282 of 2025 for the offence
registered under sections 127(1), 115(2), 117(2), 303(2), 307,
3(5) of the Indian Penal Code.
3. As per the prosecution story, the informant alleged
that while he was going towards Bihar Sharif, unknown persons
stopped the motorcycle and on the point of pistol, not only
assaulted but also took away the cash/ornaments. This led to the
FIR.
4. Though learned counsel for the petitioner tried to
show his innocence, learned APP has taken this Court to the
learned Sessions Judge order to show that in the process of
Patna High Court CR. MISC. No.17367 of 2026(2) dt.25-03-2026
2/2
snatching, the informant was also injured which reflects from
the order-sheet of the concerned Court. In that background, it
would be appropriate that the petitioner seek bail.
5. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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