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Patna High Court

Deshbandhu SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petitioner is not entitled to anticipatory bail as he assaulted the informant causing grievous injuries.

Summary

The petitioner, Deshbandhu Sharma, sought anticipatory bail after being implicated in a violent incident alleged to have occurred on 23 October 2025, where he and co‑accused allegedly assaulted an informant with various weapons, causing grievous head injuries. The prosecution’s case is based on the informant’s statement recorded on 25 October 2025, and the petitioner faces charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the incident was a mutual fight provoked by the informant and that he has a clean antecedent, while the State contended that the assault was unprovoked and caused serious injury. The court examined the facts and the seriousness of the alleged assault, noting the grievous injuries sustained by the informant. Concluding that the petitioner’s conduct warranted denial of bail, the court rejected the anticipatory bail petition.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 given the alleged assault causing grievous injury
  • Whether the presence of a case and counter‑case or provocation affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • case and counter case
  • provocation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34067 of 2026
                 Arising Out of PS. Case No.-751 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Deshbandhu Sharma S/o Ashok Sharma R/o Village- Madhopur Malahi Tola,
                 ward no. 5, P.S.- Majhauliya, Distt.- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sachida Nand Rai
                 For the Opposite Party/s :      Mr.Ram Naresh Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026              Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                            2. The petitioner is apprehending his arrest in connection

                   with Majhauliya P.S. Case No. 751 of 2025 registered under

                   Sections 751, 126(2), 115(2), 117(2), 118(2), 109(1), 74, 351(2),

                   352, 3(5) of Bharatiya Nyaya Sanhita, 2023.

                         3. As per the prosecution story which, has been lodged on

                   the basis of fardbeyan given by the informant on 25.10.2025 at

                   Male Surgical Ward, G.M.C.H. Bettiah for an occurrence, which

                   is alleged to have taken place on 23.10.2025 to the effect that

                   the accused persons including the petitioner started assaulting

                   the informant with Lathi, Danda, Iron Rod, Bakhua and axe. It

                   is alleged that the petitioner assaulted the informant on his head

                   with Tangi due to which, he suffered injury. The co-accused
Patna High Court CR. MISC. No.34067 of 2026(2) dt.18-05-2026
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          Ashok Sharma assaulted the informant on his neck with a rod

          and other co-accused also assaulted the informant and his family

          members.

                3. Learned counsel for the petitioner submits that there is

          case and counter case in between the parties. The co-accused

          Ashok Sharma, who is the father of the petitioner filed a case

          being Majhaulia P.S. Case No. 752 of 2025 on 1.11.2025 against

          other persons for committing the offence under different

          sections of the B.N.S. He further submits that the petitioner is

          innocent and the occurrence has taken place due to sudden

          provocation and there was a free-fight in between both the

          parties. Both sides have suffered grievous injuries. He further,

          submits that the petitioner has got a clean antecedent.

                4. The Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that the petitioner

          had assaulted the informant on his head due to which, he

          suffered grievous injury.

                5. Having heard the learned counsel for the parties and

          after going through the records, it appears that the petitioner

          assaulted the informant on his head due to which, he suffered

          grievous injuries on his head and that has come during course of

          investigation and the same has been recorded by the Court of
            Patna High Court CR. MISC. No.34067 of 2026(2) dt.18-05-2026
                                                        3/3




                      learned District and Additional Sessions Judge-VIII, West

                      Champaran, Bettiah, while rejecting the prayer for anticipatory

                      bail of the petitioner.

                              6. Considering the aforesaid facts that the petitioner

                      assaulted the informant on his head, due to which he suffered

                      grievous injuries, the anticipatory bail petition of the petitioner

                      is rejected.



                                                  (Ritesh Kumar, J)
A.K.V.//-

U      T


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