Patna High Court
Ankit KumarversusThe State of BIhar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail cannot be granted where the FIR is delayed and the alleged injuries are grievous, indicating a serious offence.
Summary
Ankit Kumar applied for anticipatory bail after being implicated in a case of alleged assault and grievous injury under Sections 126(2), 115(2), 109, 74, 118(1) and 3(5) of the Bihar Penal Code. The prosecution alleged that the petitioner assaulted the informant on 15‑12‑2025 and his brother on 16‑12‑2025, causing a knife wound that required intensive medical care. The petitioner argued that the FIR was lodged with delay, the parties are agnates, and the dispute stems from a land disagreement. The State contended that the injuries were proved to be grievous by the Sessions Judge and could not be ignored. The Court, after considering the seriousness of the allegations and the delay in filing the FIR, held that no relief could be granted and rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault with grievous injury and delayed FIR.
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 118(1), 126(2), 3(5), 74
Subjects
- anticipatory bail
- assault
- grievous injury
- FIR delay
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34566 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Ankit Kumar S/o Mohan Sah R/o Village- Ranjitpur, Ward No.- 10, P.S.-
Punaura, District- Sitamarhi
... ... Petitioner/s
Versus
The State of BIhar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard Mr.Santosh Kumar, learned counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP for the
State through virtual mode.
2. The petitioner is apprehending arrest in connection
with Punaura P.S. Case No. 262/2025 instituted under Sections
126(2), 115(2), 109, 74, 118(1), 3(5) of BNS lodged on
20.12.2025 by the informant, Rohit Kumar.
3. As per the prosecution story, the informant alleged
that this petitioner twice assaulted the family members. Firstly,
on 15.12.2025 when he assaulted the informant on the head and
secondly, on 16.12.2025 when he resorted to assault his brother
Vikas Kumar. Further, one, Anish gave knife blow in his
stomach. He was rushed to Sadar Hospital and then referred to
SKMCH, Muzaffarpur and thereafter, he was taken to a private
Patna High Court CR. MISC. No.34566 of 2026(2) dt.19-05-2026
2/2
nursing home at Lohiya Nagar where he was admitted in ICU.
That followed the FIR.
4. Learned counsel for the petitioner submits that
there is delay in lodging of the FIR, both are agnates and there is
land dispute between the parties.
5. Learned APP opposes the prayer submitting that the
firstly he assaulted the informant on 15.12.2025 on the head,
and secondly, very next day, his brother Vikas Kumar. The fact
remains that the learned Sessions Judge order shows that the
injury has been found to be grievous in nature and the same
cannot be ignored.
6. Considering the submissions of the parties as also
the allegation that has come against the petitioner, no relief can
be extended.
7. Accordingly, the anticipatory bail application stands
rejected.
(Rajiv Roy, J)
Ravi/S.Prasad
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.