Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court declined to grant anticipatory bail to the petitioner.
Summary
The petitioner, Vikash Kumar, applied for anticipatory bail in connection with Parsauni P.S. Case No. 143 of 2025, which alleged offences under Sections 126(2), 115(2), 117(2), 109, 352, 351(3), and 303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner assaulted the victim with an iron rod, causing grievous injuries. The petitioner sought protection from arrest pending trial. The court examined the seriousness of the alleged offences and the potential for the petitioner to influence the investigation. Considering the gravity of the charges, the court declined to grant anticipatory bail. The order was limited to the present application and does not prejudice any later stage of the proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 given the nature and gravity of the alleged offences
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 303(5), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- grievous hurt
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25471 of 2026
Arising Out of PS. Case No.-143 Year-2025 Thana- PARSAUNI District- Sitamarhi
======================================================
Vikash Kumar Son of Deeplal Ray R/o Village - Parsuram Toli, Kharbani,
P.S.- Parsauni, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deovind Kumar Singh
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Parsauni P.S. Case No. 143 of 2025 registered for offences
under Sections 126(2), 115(2), 117(2), 109, 352, 351(3),
303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the accused persons,
including the present petitioner, are alleged to have assaulted the
victim. It is specifically alleged that the petitioner inflicted a
blow with an iron rod as a result of which the victim sustained
injuries, including grievous injuries.
4. Considering the nature and the gravity of the
offence as well as the allegations levelled against the petitioner,
Patna High Court CR. MISC. No.25471 of 2026(2) dt.06-05-2026
2/2
this Court is not inclined to grant the privilege of anticipatory
bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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