Patna High Court
Gauri Shankar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail could not be granted to the petitioner.
Summary
The petitioner, Gauri Shankar Singh, applied for anticipatory bail in a case (Gamharia PS Case No. 183 of 2025) where he is accused of assaulting an informant with a stick, causing head injuries. The FIR lists several offences under the Bhartiya Nyaya Sanhita, 2023, including sections 126(2), 115(2), 118(2), 109, 303(2), 352 and 3(5). The petitioner claimed innocence, highlighted a pending criminal case against him, and offered to comply with any conditions the court might impose. The State opposed bail, noting the seriousness of injuries, the involvement of a sharp weapon, and the pending medical reports. The High Court, after considering the facts, declined to grant anticipatory bail but allowed the petitioner to surrender within six weeks, directing the trial court to decide his bail application on merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 given the nature of the alleged offences and the petitioner’s criminal antecedent
- Whether the petitioner’s surrender within a stipulated period can be conditioned without prejudice to the trial court’s discretion
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- assault
- injury
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20151 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- GAMAHARIYA District- Madhepura
======================================================
Gauri Shankar Singh S/o- Late Anant Narayan Singh R/v- Babhani W.No-13,
Ps- Gamharia Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Gamharia P.S. Case No. 183 of 2025, dated 14.08.2025,
lodged under Section 126(2), 115(2), 118(2), 109, 303(2), 352 &
3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to
as “BNS, 2023”), pending before the Court of C.J.M.,
Madhepura.
3. As per the prosecution, FIR has been lodged against
12 persons, out of whom three are named accused persons
including the present petitioner. The allegation against the
present petitioner is that he assaulted the informant on his head
by means of a dabiya, due to which injuries were caused to him.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20151 of 2026(3) dt.07-05-2026
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petitioner is innocent and has committed no offence. Counsel
further submits that the criminal antecedent of the petitioner is
not clean, as one criminal case is pending against him in which
he is on bail. Counsel further submits that the injury has been
caused by a hard and blunt substance as per the injury report and
the cause of dispute is land, as mentioned in the FIR itself.
Counsel also submits that the petitioner is ready to fulfil all the
conditions whatsoever may be imposed by this Court.
5. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that the
case diary has been called for and, from perusal of the same, it
transpires that one person has sustained injury by a hard and
blunt substance and another person has sustained injury by a
sharp cutting weapon. The injury of one person is simple in
nature, whereas the nature of injury of the other person has not
yet been opined upon and is awaiting the x-ray report.
6. Considering the facts and circumstances of the
present case, this Court is not inclined to grant anticipatory bail
to the petitioner. Accordingly, the prayer for anticipatory bail of
the petitioner is hereby rejected.
7. Liberty is hereby granted to the petitioner that if he
surrenders within six weeks, the Trial Court is directed to pass
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order on his surrender-cum-bail application on the same day
without being prejudiced by the fact that the anticipatory bail
application of the petitioner has been rejected by this Court, and
the Trial Court shall pass an order on the merits of the case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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