Patna High Court
Bhim Sah @ Bhim KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
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/-
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