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Patna High Court

Subodh Kumar @ Subodh PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Subodh Kumar, filed an anticipatory bail application fearing arrest in a case registered under Sections 147, 341, 323, 324, 307 and 504 of the Indian Penal Code. The prosecution alleges that he assaulted the brother of an informant with a sword, causing grievous injuries. The petitioner contended that he is innocent, that the incident was a mutual altercation arising from a petty dispute, and that he has a clean antecedent. The State opposed the bail, emphasizing the specific accusation in the FIR and the medical report confirming grievous hurt. After considering the seriousness of the charges and the nature of the injuries, the court rejected the anticipatory bail petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged assault with a sword under IPC Sections 147, 341, 323, 324, 307 and 504.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • grievous hurt
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19958 of 2026
                   Arising Out of PS. Case No.-29 Year-2023 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
                 Subodh Kumar @ Subodh Paswan Son of Late Nanhak Paswan Resident of
                 Village- Tarari (Ambedkar Nagar), P.S.- Daudnagar, District- Aurangabad

                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Sunil Kumar Dubey, Advocate
                 For the State          :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 147, 341,

                   323, 324, 307 and 504 of the Indian Penal Code.

                                3. As per prosecution case, this petitioner is alleged to

                   have assaulted brother of informant with sword.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. As a matter of fact, on account of petty

                   dispute, altercation took place between the parties in which both

                   sides sustained injuries. There is case and counter-case.

                   Petitioner claims clean antecedents.
             Patna High Court CR. MISC. No.19958 of 2026(2) dt.08-04-2026
                                                         2/2




                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       and there is specific accusation that this petitioner assaulted

                       brother of informant with sword. Doctor has found the injuries,

                       sustained by the injured, grievous in nature.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and nature of

                       injuries allegedly caused by this petitioner, the prayer for grant

                       of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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