Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The petitioner shall not be arrested until the injury report is received and the bail application is considered; bail will be granted if the injury is simple, otherwise custody will follow.
Summary
Satish Kumar applied to the Patna High Court fearing arrest in connection with Barh police case No. 686 of 2025, which alleges offences under Section 37 of the Bihar Prohibition and Excise Act and several sections of the BNS. He is accused of assaulting a victim, but the medical injury report is still pending. The Court directed the lower court to obtain the final injury report and, based on its nature, either release the petitioner on bail (if the injury is simple) or keep him in custody (if grievous). Until the injury report is received and the bail application is considered, the petitioner shall not be arrested. The application was disposed with these directions.
Issues considered
- Whether the petitioner can be arrested before the injury report is filed and the bail application is heard.
Legislation cited
- Bihar Prohibition and Excise Act — s. 37
- BNS — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(1), 352
Subjects
- bail
- arrest
- injury report
- criminal procedure
- assault
- Bihar Prohibition and Excise Act
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26821 of 2026
Arising Out of PS. Case No.-686 Year-2025 Thana- BARH District- Patna
======================================================
Satish Kumar Son of Pramod Mahto @ Prahalad Mahto Resident of village -
Purani Barh, Umanath, Police Station - Barh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Barh P.S. Case No. 686 of 2025 registered for
the offence under Section 37 of the Bihar Prohibition and Excise
Act and Sections 126(2), 115(2), 109(1), 303(2), 352, 351(1)
and 3(5) of BNS.
3. The petitioner is accused of assaulting the
victim, but the medical report is still awaited.
4. Considering the above, this application is
disposed of and the court below is directed to call for the final
injury report and if the injury is found to be simple, the
petitioner shall be released on bail upon executing bail bonds
and if the injury is found grievous in nature, the petitioner shall
Patna High Court CR. MISC. No.26821 of 2026(2) dt.06-05-2026
2/2
be taken into custody.
5. Till consideration of the bail application of the
petitioner and till receipt of the injury report, the petitioner shall
not be arrested.
(Sandeep Kumar, J)
tusharika/-
U T
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