Patna High Court
Nagendra Prasad @ Nagendra Prasad GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to both petitioners subject to a bond, sureties, and statutory conditions.
Summary
The petitioners, Nagendra Prasad and Sagar Kumar, were named in an FIR for assaulting an informant, allegedly causing a head injury with intent to cause death, arising from a monetary dispute. They sought anticipatory bail, arguing that the assault charge did not apply to the first petitioner, the injury was simple, there was no intention to cause death, the dispute had been settled, and they have clean antecedents. The State opposed, contending that the assault was on a vital part of the body. The Court examined the nature of the injury, the lack of repeated assault, and the petitioners' clean records, finding no prima facie case for a serious offence under Section 109 of the Bhartiya Nyay Sanhita. Consequently, the Court granted anticipatory bail to both petitioners, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the facts disclose a prima facie case for offences under Sections 126(2), 115, 109, 303(2), 352 and 3(5) of the Bhartiya Nyay Sanhita.
- Whether the petitioners exhibited intention to cause death, justifying denial of anticipatory bail.
- Whether the nature and severity of the injury warrant denial of bail.
- Whether the petitioners' clean antecedent and settlement of the monetary dispute justify granting anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115, 126(2), 303(2), 3(5), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- intention to cause death
- clean antecedent
- Bhartiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40926 of 2026
Arising Out of PS. Case No.-449 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
1. Nagendra Prasad @ Nagendra Prasad Gupta Son of Late Khaderan Saw
Resident of Village -Gajragarh PS -Barachatti Dist -Gaya
2. Sagar Kumar @ Sagar Kumar Gupta Son of Nagendra Prasad @ Nagendra
Prasad Gupta Resident of Village -Gajragarh PS -Barachatti Dist -Gaya
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Barachatti P.S.
Case No. 449 of 2025 registered for the offences punishable
under Sections 126(2), 115, 109, 303(2), 352 & 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, petitioners alleged to assault the
informant causing head injury, having intention to cause his
death, where occurrence alleged to be arising out of previous
enmity related with certain monetary dispute.
4. Learned counsel appearing on behalf of the petitioners
submitted that allegation of assault is not available against
petitioner no. 1, rather allegation is only to instigate petitioner
no. 2 during the occurrence.
Patna High Court CR. MISC. No.40926 of 2026(2) dt.25-06-2026
2/3
5. It is further argued by learned counsel that assault as
alleged to be caused by petitioner no. 2 not appears repeated
without having any intervening circumstances but fairly
conceded that it was on the vital part of the body but the nature
of injury, upon medical examination, found simple in nature
and, for all such reasons, it cannot be said that petitioners were
under intention to cause death.
6. It is submitted that to make out a prima facie case for
the offence punishable under section 109 of the B.N.S., several
factors are required to be taken into consideration as nature of
weapon, manner of assault, nature of injury, body parts where
assault was made, pre and post conduct of the accused etc. In
support of his submission, learned counsel relied upon the legal
report of Hon’ble Supreme Court as available through State of
Himachal Pradesh Vs. Shamsher Singh reported in 2025 SCC
OnLine SC 807.
7. It is submitted that the monetary dispute which was
the root cause for the occurrence, now appears compromised
between the parties and now good sense prevailed amongst
parties. In support of his submission, learned counsel referred
Annexure ‘2’ of the present anticipatory bail petition. While
concluding argument, learned counsel submitted that petitioners
Patna High Court CR. MISC. No.40926 of 2026(2) dt.25-06-2026
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are men of clean antecedent.
8. Learned A.P.P. for the State, while opposing the
prayer for anticipatory bail of the petitioners, submitted that the
assault was made on the vital part of the body.
9. In view of the aforesaid factual submissions and by
taking note of the fact as the assault prima facie not appears
made repeated without having any intervening circumspection,
where nature of injury also appears simple, accordingly, both
above-named petitioners, who are men of clean antecedent, in
the event of their arrest/surrender within a period of four weeks
from this order, are directed to be enlarged on bail on furnishing
of bail bond of Rs.10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M.-II, Sherghati at Gaya/concerned court, in connection
with Barachatti P.S. Case No. 449 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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