Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court denied anticipatory bail to the petitioners.
Summary
The petitioners Rajesh Kumar, Ramesh Kumar and Rahul Kumar applied for anticipatory bail in connection with a FIR alleging that they burst firecrackers near a temple and assaulted an informant with a sharp weapon, causing grievous neck injuries requiring stitches. The petitioners claimed they were falsely implicated, asserted no specific allegation of assault against them, and highlighted a joint compromise petition filed in the lower court along with their clean antecedents. The State opposed bail, emphasizing the seriousness of the injuries and the nature of the offences listed under the B.N.S., 2023. The court examined the gravity of the alleged assault and the presence of grievous injury, and found the circumstances insufficient to merit anticipatory bail. Consequently, the application for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the accused under the circumstances of alleged assault causing grievous injury.
- Whether the existence of a compromise petition and the claim of innocence affect the grant of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 352, 74, 79
Subjects
- anticipatory bail
- grievous injury
- assault
- compromise petition
- Criminal Procedure Code
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24131 of 2026
Arising Out of PS. Case No.-512 Year-2025 Thana- PALIGANJ District- Patna
======================================================
1. Rajesh Kumar Surendra Kahar R/o Village - Purni Saraiya, P.S. - Paliganj,
Dist. - Patna.
2. Ramesh Kumar S/o Surendra Kahar R/o Village - Purni Saraiya, P.S. -
Paliganj, Dist. - Patna.
3. Rahul Kumar Son of Surendra Kahar R/o Village - Purni Saraiya, P.S. -
Paliganj, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Niwas Prasad, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Mainatand Police Station Case No. 221 of 2025,
disclosing offences under Sections 126(2), 115(2), 118(1),
109(1), 74, 79, 303(2), 352, 3(5) of the B.N.S., 2023.
3. As per the FIR, on 21.10.2025 at about 09:00 P.M.,
the FIR named accused persons were busting firecrackers at
temple near the house of informant. When the informant
objected, the accused persons started abusing her and assaulted
on her neck with sharp weapon and caused injury on her neck.
Patna High Court CR. MISC. No.24131 of 2026(2) dt.22-04-2026
2/2
The informant got three stitches in her neck.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
case. There is no direct and specific allegation of assault against
the petitioners. Compromise has taken place between the parties
for which a joint compromise petition is filed before learned
court below. Petitioner claims clean antecedent.
5. Learned APP has opposes the prayer for bail of the
petitioners and submits that the injuries sustained by the
informant in the neck is found to be grievous.
6. Having regard to the submissions made on behalf
of the parties and taking into consideration the nature of
allegation against the petitioners and the fact that injuries are
found to be grievous in nature, I am not inclined to grant
privilege of anticipatory bail to the petitioners.
7. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J)
Ranjeet/-
U T
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