Patna High Court
Suraj Das @ Suraj Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Suraj Das and Sunil Das, applied for anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging assault causing serious injury. The prosecution alleged that the petitioners assaulted the victim, while the petitioners claimed they were falsely implicated and are agnates of the informant. The State opposed the bail, emphasizing the seriousness of the offences. The Court, after hearing both sides, declined to grant anticipatory bail, citing the nature and gravity of the alleged offences. The petitioners were directed to surrender within four weeks to seek regular bail, and the Court clarified that its observations were limited to this application and would not prejudice later stages of the case.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- bail denial
- preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38181 of 2026
Arising Out of PS. Case No.-151 Year-2026 Thana- RAJNAGAR District- Madhubani
======================================================
1. Suraj Das @ Suraj Kumar Das S/o Late Shankar Das Resident of Village -
Navtoli Ward no. 16, Rajnagar, P.S. - Rajnagar, District - Madhubani.
2. Sunil Das @ Sunil Kumar Das S/o Late Shankar Das Resident of Village -
Navtoli Ward no. 16, Rajnagar, P.S. - Rajnagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Rajnagar P.S. Case No. 151 of 2026 registered for offences
under Sections 115(2), 126(2), 109(1) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are said
to have assaulted the victim causing serious injury.
4. The learned counsel for the petitioners submits that
the petitioners and the informant are agnates and the petitioners
have falsely been implicated in the present case.
5. The learned APP for the State has vehemently
Patna High Court CR. MISC. No.38181 of 2026(2) dt.16-06-2026
2/2
opposed the prayer for bail.
6. Considering the nature and gravity of offence, this
court is not inclined to grant the privilege of anticipatory bail to
the petitioners in the present case.
7. Accordingly, this application for anticipatory bail is
rejected.
8. However, the petitioners may surrender in the
concerned Court below within a period of four weeks from
today and seek regular bail, if so advised.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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