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Patna High Court

Pappu Kumar MehtaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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