Patna High Court
Pappu Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied anticipatory bail, holding that the alleged assault resulting in grievous injuries justifies refusal of bail.
Summary
Petitioners Pappu Kumar Mehta and Pintu Kumar Mehta applied for anticipatory bail in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging they assaulted an informant with an iron rod and a sword, causing grievous injuries. The prosecution presented the FIR and a medical opinion confirming the seriousness of the injuries. The petitioners contended they were falsely implicated, had no prior criminal record, and were willing to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the court held that the gravity of the alleged assault and the nature of the injuries warranted denial of anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations of assault under the Bhartiya Nyaya Sanhita.
- Whether the seriousness of the injuries inflicted on the informant justifies denial of bail.
- Whether the petitioners' claim of false implication and lack of criminal antecedent affect the bail decision.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- criminal procedure
- Bhartiya Nyaya Sanhita
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27548 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- BIRPUR District- Supaul
======================================================
1. Pappu Kumar Mehta S/O Boalal Mehta Resident of Village- Koshikapur
Ward No. 12, P.S.- Birpur, District- Supaul
2. Pintu Kumar Mehta S/O Boalal Mehta Resident of Village- Koshikapur
Ward No. 12, P.S.- Birpur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
Mr. Kumar Aman, Advocate
Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Birpur P.S. Case no. 60 of 2026 registered under sections
126(2), 115, 118(1), 303(2), 109, 352, 351(2) and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the two petitioners
herein are said to have assaulted the informant with an iron rod
and sword leading to serious injuries being caused to the
informant.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. No such
Patna High Court CR. MISC. No.27548 of 2026(2) dt.29-04-2026
2/2
occurrence as alleged has taken place. The injuries are not on
the vital part of the body. The petitioners are agnates and have
no criminal antecedent. They undertake 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 direct allegation against the
petitioners in the F.I.R of having assaulted the informant with an
iron rod and a sword together with corresponding injuries
having been found on the body of the informant which in the
opinion of the doctor was grievous in nature, the Court is not
inclined to enlarge the petitioners on anticipatory bail and the
application is rejected.
(Partha Sarthy, J)
Shiv/-
U T
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