Patna High Court

Dhananjay SahversusThe State of Bihar

Decided: 21 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

The petitioner, Dhananjay Sah, applied for anticipatory bail after an FIR was lodged alleging that he assaulted the brother of an informant with a sword, causing a grievous injury to the informant's right hand. The FIR listed offences under Sections 191(2), 329(3), 115(2), 117(2), 352, 109 and 351(2) of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, a clean antecedent and argued that he should not be arrested. The State opposed the bail, emphasizing the seriousness of the alleged assault and the grievous nature of the injury. After hearing both sides, the Court considered the nature of the accusation and the injury and refused the petition for anticipatory bail, thereby allowing the arrest to proceed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 191(2), 329(3), 351(2), 352

Subjects

anticipatory bail
assault
grievous injury
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18949 of 2026
                   Arising Out of PS. Case No.-458 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Dhananjay Sah S/O Jawahar Sah Village- Bakhari, P.S.- Kuchaikote, District-
                 Gopalganj
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Javed Aslam, Advocate
                 For the Opposite Party/s :      Mr. Tapeshwar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-04-2026                   Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in Kuchaikote P. S.
                   Case No. 458 of 2025 registered for the offences punishable
                   under Sections 191(2), 329(3), 115(2), 117(2), 352, 109, 351(2)
                   of the Bharatiya Nyaya Sanhita.
                                3. As per F.I.R., this petitioner assaulted the brother of
                   informant with sword and when informant tried to intervene, she
                   got cut injury on her right hand. Doctor has found the injury to
                   be grievous.
                                4. Learned counsel for the petitioner submits that
                   petitioner is innocent and has committed no offence. Petitioner
                   claims clean antecedent.
                                5. Considering the nature of accusation and injury,
                   prayer for anticipatory bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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