Patna High Court
Arun Bhagat @ Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352(2)
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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