Created by Fuzzy Cloud

Patna High Court

Amit Kumar @ RinkuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because the alleged injury to the victim was grievous.

Summary

The petitioner, Amit Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 109, 118(2) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting a victim and causing grievous injury. The prosecution alleged that the petitioner was the assailant in a trivial dispute, while the petitioner claimed he had not assaulted anyone and possessed a clean antecedent. The court examined the nature of the alleged injury, noting that it was grievous, and held that such circumstances do not warrant the grant of anticipatory bail. Consequently, the application for anticipatory bail was dismissed. The petitioner was ordered to surrender within two weeks and apply for regular bail, failing which the police would be directed to arrest him.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves grievous injury under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • high court
  • bail
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3387 of 2026
                    Arising Out of PS. Case No.-735 Year-2025 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Amit Kumar @ Rinku S/O Late Rudra Pratap Narayan Singh Resident of
                 village- 21, Mundar Sah Path-2, Veterinary College, Khajpura, Rukunpura,
                 P.S.- Shastri Nagar, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Shastri Nagar P.S. Case No. 735 of 2025 instituted under

                   Sections 115(2), 126(2), 109, 118(2), 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per the prosecution case, petitioner is the

                   assailant of the victim causing grievous injury for a very trivial

                   dispute.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has not assaulted anyone. Petitioner has clean

                   antecedent.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.3387 of 2026(3) dt.24-02-2026
                                                          2/2




                        for anticipatory bail of the petitioner on the ground that the

                        injury sustained by victim is grievous in nature.

                                     6. Considering the fact that the injury sustained by

                        victim is grievous in nature, this is not a fit case for grant of

                        anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within two

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Patna will take all steps for arrest of

                        the petitioner.

                                     9. Let a copy of this order be communicated to the

                        Superintendent of Police, Patna through FAX or e-mail for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.