Patna High Court
Amit Kumar @ RinkuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 3(5)
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
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