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Patna High Court

Arun Bhagat @ Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the anticipatory bail petition, holding that the seriousness of the alleged offences and the grievous injury preclude such relief.

Summary

The petitioner, Arun Bhagat, sought anticipatory bail in connection with a criminal case (PS Case No. 523 of 2025) alleging assault causing grievous injury under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, asserting that the allegations were vague and that the informant was a relative involved in a property dispute, and he had no prior criminal record. The State opposed the bail, emphasizing the seriousness of the offences and the severity of the injuries. The Court, noting the grievous nature of the injury and the lack of any prior bail application, was not persuaded to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected, though the petitioner was permitted to surrender and file a regular bail application before the trial court.

Issues considered

  • Whether anticipatory bail should be granted in a case involving grievous injury under the Bharatiya Nyaya Sanhita, 2023
  • Whether the nature of the allegations and the petitioner’s claim of innocence affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • grievous injury
  • criminal procedure
  • false implication
  • property dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20992 of 2026
                   Arising Out of PS. Case No.-523 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Arun Bhagat @ Arun Kumar, S/o Mahesh Bhagat, R/o Village - Bampali, P.S-
                 Udwantnagar,Dist- Bhojpur.
                                                                          ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Uma Kant Mishra, Advocate
                 For the State           :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER
3   06-05-2026                        Heard Ld. counsel for the petitioner and

                   Ld. APP for the State.

                                2. The petitioner apprehend his arrest in connection

                   with Udwantnagar P.S. Case No. 523 of 2025 dated 26.10.2025,

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 303(2), 352(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per allegation, the Petitioner along with the co-

                   accused have repeatedly assaulted the victim, causing grievous

                   injury.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. He further submits that the allegation against the Petitioner

                   is general and omnibus in nature. He also submits that the

                   Informant and the Petitioner’s side are agnates and there is
            Patna High Court CR. MISC. No.20992 of 2026(3) dt.06-05-2026
                                                        2/2




                      property dispute between both the sides.

                                   5. It is also stated in paragraph no. 2 of the petition

                      that petitioner has never moved before this Hon’ble Court for

                      grant of Anticipatory Bail or Regular one.

                                   6. It has also been stated in paragraph no.3 of the bail

                      petition that the petitioner has no criminal antecedents.

                                   7. However, Ld. APP for the State vehemently

                      opposes the prayer of the petitioner for anticipatory bail.

                                   8. Considering the grievous nature of injury, I am not

                      persuaded to enlarge the petitioner on anticipatory bail.

                                   9. Accordingly, the prayer for anticipatory bail of the

                      petitioner stands rejected.

                                   10. At this stage, learned counsel for the Petitioner

                      prays that the Petitioner may be allowed to surrender before the

                      Court below and learned Trial Court may be directed to

                      entertain his surrender cum bail petition on the same day of the

                      filing of the same.

                                   11. Learned trial court is requested to consider the

                      regular bail application of the Petitioner on the same day of its

                      filing, if filed.


                                                                       (Jitendra Kumar, J.)
Chandan/-
U     T


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