Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that anticipatory bail could not be granted as the allegations of assault causing grievous injury were substantiated by medical report and witnesses.
Summary
Ashish Kumar, a 21‑year‑old, sought anticipatory bail after being implicated in an FIR alleging that he, along with two unknown persons, attacked the son of an informant with an iron rod, causing a grievous head injury and threatening his life. The petitioner claimed false implication and highlighted a delay of one month and six days in lodging the FIR, asserting a clean antecedent. The State opposed bail, emphasizing the seriousness of the assault, the medical report confirming a skull fracture, corroborative witness statements, and the recovery of the alleged motorcycle used in the offence. The court examined the FIR, the medical evidence, and the witness testimonies, finding the allegations substantiated and the injury grievous. Consequently, the court rejected the petition for anticipatory bail, concluding that the seriousness of the offence outweighed the petitioner's claims.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged assault causing grievous injury.
- Whether the delay in filing the FIR and the claim of false implication justify granting bail.
Legislation cited
- BNS — s. 110, 115(2), 118(1), 126(1), 3(5), 352(5)
Subjects
- anticipatory bail
- false implication
- assault
- grievous injury
- FIR delay
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22406 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- GAMAHARIYA District- Madhepura
======================================================
Ashish Kumar, aged about 21 yeas, Male, son of Ghanshyam Das, resident of
village- Lalu Token Piprahi, Ward No. 01, P.S.- Gamhariya, District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(1),
115(2), 118(1), 110, 352(5) and 3(5) of the BNS.
3. Allegation against the petitioner and other two
unknown persons is that they came on a motorcycle and
attacked the son of the informant by means of iron rod causing
injury on the head of the informant and also threatened to kill
the son of the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that the first information report has been lodged after
Patna High Court CR. MISC. No.22406 of 2026(2) dt.08-04-2026
2/2
one month and six days but there is no plausible explanation has
been given by the informant as stated in para-8 of the petition
and petitioner has got clean antecedent as stated in para-3 of the
petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petition and submits that there is direct
allegation against the petitioner for assaulting the son of the
informant, due to which, head injury fracture on skull of injured
Arun Yadav.
6. On perusal of the first information report and
impugned order dated 17.10.2025, it appears that the doctor has
found head injury fracture on skull of injured Arun Yadav which
is grievous in nature and several witnesses have supported the
case of the prosecution vide para nos.3, 4, 7 and 8 and further in
case diary of para-34 shows the production of the used
motorcycle as alleged in the commission of the occurrence, so I
am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is hereby rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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