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Patna High Court

Bhim Sah @ Bhim KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Bhim Sah, applied for anticipatory bail in connection with a case (PS No. 248/2025) alleging his involvement in a violent assault that resulted in serious injuries. The prosecution alleged that the accused, including the petitioner, attacked an informant and her family with sticks and knives, causing head injuries and theft of jewellery. The petitioner contended that he was falsely implicated, highlighted a five‑day delay in filing the FIR, and asserted no prior criminal record. The State opposed the bail, emphasizing the seriousness of the offences and the petitioner’s alleged role as the main assailant. The court, noting the gravity of the allegations and the potential for fatal injury, declined to grant anticipatory bail, rejecting the petitioner's application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences
  • Whether the delay in lodging the FIR and lack of explanation justify denial of bail
  • Whether the petitioner’s alleged role as the principal assailant warrants refusal of anticipatory bail

Legislation cited

  • Bihar Penal Code — s. 109(1), 115(2), 118(1), 126(2), 303(2), 329(4), 3(5), 351(2), 352

Subjects

  • anticipatory bail
  • FIR delay
  • assault
  • serious offences
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31720 of 2026
                    Arising Out of PS. Case No.-248 Year-2025 Thana- HASANPUR District- Samastipur
                 ======================================================
                 Bhim Sah @ Bhim Kumar S/O Bhaglu Sah R/O Village- Chhotaki Rajwa,
                 Ward no. 01, PS- Hasanpur, Distt- Samastipur
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shishir Kumar Shishir, Adv
                                                  Mr. Binod Kumar Sinha, Adv
                 For the Opposite Party/s :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
2   13-05-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Hasanpur P.S. Case No. 248/2025, registered for the

                   offence punishable under Sections 329(4), 126(2), 115(2),

                   118(1), 109 (1), 303(2), 352, 351(2), 3(5) of BNS.

                                 3. The case of the prosecution, in short, is that on

                   01.12.2025, at 8:00 pm, the petitioner along with other accused,

                   arrived armed with sticks and knives and began abusing. When

                   the informant resisted, accused Prakash Sah attacked her head

                   with a knife, resulting in a bloody head injury. Accused Arjun

                   Sah and Bhim Sah attacked Priyanka's head with sticks, injuring

                   her. When the informant’s husband came to intervene, Arjun Sah

                   attacked him with a stick, severely injuring him. In the ensuing

                   assault, the accused snatched jewellery from the informant and
            Patna High Court CR. MISC. No.31720 of 2026(2) dt.13-05-2026
                                                        2/2




                      other members of her family. With the assistance of local

                      residents, the injured were admitted to Sadar Hospital.

                                   4. Learned counsel for the petitioner submits that the

                      petitioner is innocent and has falsely been implicated in the

                      present case. He further submits that the petitioner has not

                      committed any offence. The FIR has been lodged after a delay

                      of five days and there is no explanation submitted by the

                      informant for delayed lodging of the FIR. Further, there are

                      general and omnibus allegations against the petitioner. He

                      further submits that the petitioner has no criminal antecedent.

                                   5. Learned A.P.P. for the State opposes the prayer of

                      anticipatory bail.

                                   6. As per the allegations levelled in the FIR, it

                      transpires that the petitioner is the main assailant, who is said to

                      have assaulted on the forehead which is a vital part of the body

                      and could have led to the death of the informant-Rinku Devi.

                      Under these circumstances, this Court is not inclined to grant

                      privilege of anticipatory bail to the petitioner.

                                   7.   Accordingly,          the   present   anticipatory   bail

                      application stands rejected.


                                                       (Alok Kumar Sinha, J)
kiran/-
U       T


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