Patna High Court
Bhim Sah @ Bhim Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the specific allegation of bullet injury against the petitioner, corroborated by the medical report, warrants rejection of anticipatory bail.
Summary
The petitioner, Bhim Sah, was named in an FIR for allegedly assaulting an informant and firing a bullet that injured the informant's thigh, under several sections of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for anticipatory bail, claiming he was falsely implicated due to a land dispute and that the injury was non‑vital, asserting a clean antecedent. The prosecution argued that the FIR specifically implicated the petitioner and that the medical report corroborated the bullet injury. The court examined the specificity of the allegation and the supporting medical evidence. Concluding that the allegation was directly against the petitioner and substantiated, the court rejected the anticipatory bail application, effectively dismissing the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the specific allegation of bullet injury.
- Whether the FIR and medical report sufficiently link the petitioner to the alleged assault to justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- firearm injury
- criminal procedure
- Bhartiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40232 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- AANDAR District- Siwan
======================================================
Bhim Sah @ Bhim Kumar Sah, S/o Surendra Sah, Resident of Village-
Hussainganj, P.S.- Hussainganj, District- Siwan
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Ander P.S. Case
No.116 of 2026 registered under Sections 126(2), 115(2),
118(1), 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023
and Section 27 of the Arms Act.
3. As per FIR, the petitioner alleged to assault the
informant along with four named and about ten unknown co-
accused persons, where petitioner alleged to open fire upon
informant causing bullet injury.
4. It is submitted by learned counsel that petitioner
has been falsely implicated with present case in the
Patna High Court CR. MISC. No.40232 of 2026(2) dt.23-06-2026
2/2
background of land dispute. It is pointed out that in fact the
said injury was caused by some other persons. It is also
submitted that the bullet injury was caused on non-vital part
of the body i.e. thigh of the informant/injured. The petitioner
claimed clean antecedent.
5. Learned APP while opposing the prayer of bail
submitted that the allegation to cause bullet injury is
specifically available against this petitioner, which also
appears corroborating with injury report.
6. In view of aforesaid factual submissions and by
taking of note of fact, as the allegation is specifically
available against this petitioner to cause bullet injury, which
also appears corroborating with medical report, accordingly,
the prayer of anticipatory bail of the petitioner stands
rejected.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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