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Patna High Court

Bhim @ Bhim Prasad @ TimalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail, finding no merit or new circumstances to warrant its grant.

Summary

Bhim Prasad applied for anticipatory bail for the second time after being implicated in a FIR (Manjhi P.S. Case No. 118 of 2025) alleging that he, along with others, assaulted an informant with a sword, causing grievous injury to the victim's neck. The petitioner argued that there was prior enmity between the parties and that a counter‑case filed by him (Manjhi P.S. Case No. 117 of 2025) was earlier in time. The State opposed the bail, emphasizing the seriousness of the assault and the victim’s injuries. The Court noted that the first anticipatory bail application had already been rejected on merit and found no new material or change in circumstances to justify a fresh grant. Consequently, the second anticipatory bail application was dismissed.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner given the specific allegation of assault with a sword causing grievous injury?
  • Does the filing of a second anticipatory bail application, after a prior rejection, warrant reconsideration in the absence of new material facts?

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • criminal procedure
  • Section 438 CrPC
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27533 of 2026
                        Arising Out of PS. Case No.-118 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Bhim @ Bhim Prasad @ Timal S/o Chhotan Prasad @ Chhotan Sahani R/o
                 Village - Gora (Goda), P. S - Manjhi, District - Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar
                 For the Opposite Party/s :       Mr.Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   24-04-2026                  1. Heard the parties.

                                2. This is second anticipatory pail application on

                   behalf of the petitioner who apprehends his arrest in connection

                   with Manjhi P.S. Case No. 118 of 2025 dated 07.04.2025

                   registered under Section 115(2), 126(2), 118(1), 109, 352,

                   351(2), 351(3) & 3(5) of the B.N.S.

                                3. As per the first information report on 07.04.2025 at

                   7:00 A.M. in the morning while the informant was standing at

                   his door, the petitioner along with other F.I.R. named accused

                   persons armed with sword, ‘garasa’, ‘daab’ and iron rod arrived

                   there and started abusing the informant. Upon protest, the

                   petitioner assaulted the informant with sword near his neck.

                                4. Learned counsel for the petitioner submits that both

                   the parties are co-villagers and there is previous enmity between
             Patna High Court CR. MISC. No.27533 of 2026(2) dt.24-04-2026
                                                         2/2




                       them. A counter case has been lodged by the side of the

                       petitioner against the informant and others bearing Manjhi P.S.

                       Case No. 117 of 2025. F.I.R. lodged by the petitioner side is

                       prior in time.

                                    5. On the other hand, learned A.P.P. for the State

                       vehemently opposed the prayer for anticipatory bail and submits

                       that there is specific allegation against the petitioner of

                       assaulting the informant with sword near his neck and the victim

                       has sustained grievous injury as per the injury report.

                                    6. After taking into consideration the fact that there is

                       specific allegation of assault against the petitioner with sword

                       on the neck of the informant and the informant has sustained

                       grievous injury, this court earlier rejected the prayer for

                       anticipatory bail on the merit of the case.

                                    7. Again, a second anticipatory bail application has

                       been filed and learned counsel for the petitioner tried to re-argue

                       the matter. I do not find any merit or subsequent event for

                       consideration of anticipatory bail application filed for the

                       second time. Accordingly, the same is rejected.



                                                (Anil Kumar Sinha, J)
praful/-
U        T


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