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Patna High Court

Nagendra Prasad @ Nagendra Prasad GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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/-

U      T


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