Patna High Court
Mohan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied anticipatory bail to the petitioner.
Summary
Mohan Das applied for anticipatory bail fearing arrest in a case registered under sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that he abducted a man for labour, assaulted him, caused grievous injuries and stole Rs.45,000. The petitioner claimed false implication, lack of eyewitnesses and offered to cooperate, asserting no prior criminal record. The State opposed the bail, arguing the seriousness of the offences and the injury to the victim. After hearing both sides, the Court found the allegations credible, noted the grievous nature of the injury, and refused anticipatory bail, directing the petitioner to surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault, grievous injury and theft under the Bharatiya Nyaya Sanhita
- Whether the petitioner poses a risk of absconding, tampering with evidence or influencing witnesses
- Whether the seriousness of the offences justifies denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- theft
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24914 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- CHAKAI District- Jamui
======================================================
Mohan Das S/O Late Sonu Das R/O Village-Duvaria Tilha, PS-Chakai,
District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Chakai P.S. Case no.90 of 2025 registered under sections
126(2), 115(2), 109, 303(2), 352 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner took away his son for the purpose of working
as a labourer. Thereafter he did not return. On search, he was
found in an unconscious state with marks of injury on his body.
On regaining consciousness he disclosed that he had been
assaulted by the petitioner and others and they have taken away
Rs. 45,000/- in cash.
Patna High Court CR. MISC. No.24914 of 2026(2) dt.22-04-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There is no
eyewitness to the occurrence. The petitioner has no criminal
antecedent and undertakes to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R. wherein
the informant states that her injured husband disclosed that it
was the petitioner who assaulted him leading to injuries as a
result of which he had to be treated in the Department of
Neurosurgery at RIMS, Ranchi and the nature of injury on his
body was found to be grievous in nature, the Court is not
inclined to enlarge the petitioner on anticipatory bail and the
application is rejected.
7. The petitioner is directed to surrender in the learned
Court below within a period of four weeks.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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