Patna High Court
Deshbandhu SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RITESH KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(2), 126(2), 3(5), 351(2), 352, 74, 751
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.//-
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