Patna High Court
Shiv Narain Sah @ Shiv Narain KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the court was not convinced that the petitioner warranted such relief.
Summary
Shiv Narain Sah, the petitioner, was named in an FIR for assaulting an informant and his family with a lathi and rod, causing injuries that led to the informant’s father’s death due to shock and hemorrhage. The petitioner feared arrest and applied for anticipatory bail under the Bharatiya Nyaya Sanhita. The court examined the FIR, medical reports, and the seriousness of the offences, which include sections 191(2), 191(3), 190, 126(2), 115(2), 329(3), 103(1) and 109. Considering the nature of the allegations and the material evidence, the court found sufficient grounds to deny bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita given the nature of the offences alleged.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 329(3)
Subjects
- anticipatory bail
- assault
- homicide
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2067 of 2026
Arising Out of PS. Case No.-1136 Year-2024 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Shiv Narain Sah @ Shiv Narain Kumar S/o Laxman Sah R/o Village - Dadar
Kolhua, Ward No. 10, P.S - Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 329(3), 103(1) and 109 of the Bharatiya Nyaya
Sanhita.
3 . As per F.I.R., this petitioner assaulted informant
and his family members with lathi and rod as a result of which
they sustained injuries. During course of treatment, father of the
informant died. Injury report of the informant and his mother
confirms injury upon them with hard and blunt substances. Post-
mortem report of the deceased reveals presence of external
injury upon him and cause of death is ‘Shock and Hemorrhage’
as a result of the aforesaid injury .
Patna High Court CR. MISC. No.2067 of 2026(2) dt.11-02-2026
2/2
4. On perusal of the record, it appears that petitioner
is named in the F.I.R. and he appears to be one of the assailants
of the deceased.
5 . Considering the fact that nature of accusation ,
materials available on record and other circumstances of the
case , prayer for anticipatory bail of this petitioner is refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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