Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the injuries were not grievous and that no prima facie case existed to deny bail, thereby granting bail to the petitioner.
Summary
The petitioner, Ankit Kumar, was named in an FIR for assaulting an informant with a sickle, alleged to cause head injuries and intent to cause death, invoking several sections of the BNS. The petitioner sought anticipatory bail, arguing that the injuries were simple, not grievous, and that the dispute stemmed from a land conflict and alleged pension fraud by the informant. The prosecution contended that two head injuries were caused by the petitioner, though only a third injury to the nasal bone was deemed grievous and not attributable to him. The court examined the nature of the injuries, the requirements for a prima facie case under Section 109 of the BNS, and relevant Supreme Court precedents. Finding that the medical evidence did not support a grievous injury caused by the petitioner and that no prima facie case existed, the court granted bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS.
- Whether a prima facie case exists under Section 109 of the BNS based on the nature of the injuries.
- Whether the injuries sustained by the informant constitute grievous hurt.
Legislation cited
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Penal Code (BNS) — s. 109(1), 115(2), 126(2), 324(4), 329(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous hurt
- prima facie case
- Section 109
- Section 482
- land dispute
- pension fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42178 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Ankit Kumar Son of Mukesh Sharma Resident of Village - Jatkauli, P.S. -
Vaishali, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Aditi Sharma, Adv.
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
For the Informant : Mr. Krishna Pd. Singh, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Vaishali P.S. Case
No. 56 of 2026 registered for the offences punishable under
Sections 329(3), 126(2), 115(2), 109(1), 324(4), 352,
351(2) and 3(5) of BNS.
3. As per FIR petitioner alleged to assault
informant on his head by using sickle causing head and
bodily injuries, where alleged injuries were inflicted with
intention to cause death of the injured.
4. It is submitted by Ms. Aditi Sharma learned
counsel appearing on behalf of the petitioner that parties are
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agnets, where present occurrence took place due to previous
enmities and out of land dispute also. Explaining enmities it
is pointed out by Ms. Sharma that the informant withdraw
unauthorized amount from the pension account of father of
the petitioner, for which a complaint was registered by
petitioner’s side before the authority concerned, which upon
verification found correct, thereafter FIR was lodged, which
was registered as Vaishali P.S. Case No. 79 of 2026 It is
also submitted that for land dispute between the parties a
title suit is pending before learned Sub-Judge, Muzaffarpur
as Title Suit no. 192 of 2023. It is further submitted that if
allegations as raised through FIR be taken into consideration
then certainly allegation against petitioner is only to assault
on the head of the informant. It is submitted that out of
three injuries, the injury which found on the nasal bone of
the injured upon medical examination found grievous,
meaning thereby the injury which alleged to be made by this
petitioner on the head of the informant was simple, and in
support of this submission, learned counsel referred
impugned order.
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5. Arguing further, it is submitted that the prayer
of anticipatory bail of petitioner was rejected by ld. Trial
court for only reason that petitioner was alleged to assault
on the head of the informant. It is submitted that several
factors are required to be taken into consideration to make
out a prima-facie case within the meaning of Section 109 of
BNS like the body parts, nature of injuries and conduct of
accused during the occurrence. In support of his submission
learned counsel relied upon the legal reports of Hon’ble
Supreme Court as available through State of Himachal
Pradesh vs. Shamsher Singh reported in 2025 INSC
503 and also Bhola Singh vs. State of Punjab reported in
(1999) 9 SCC 50. Petitioner claimed clean antecedent.
6. Learned APP opposed the prayer of bail.
7. Mr. Krishna Pd. Singh, learned senior counsel
for the informant while opposing the prayer of bail submitted
that two injuries are available on head of the informant/
injured which alleged to be made by sickle by the petitioner
but fairly conceded that only third injury which was on nasal
bone found grievous, which not alleged to be caused by the
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petitioner, as per FIR.
8. In view of aforesaid factual submission and by
taking note of fact as prima-facie assault as alleged to be
made by petitioner upon medical examination not found
grievous, accordingly petitioner above-named, in the event
of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned JM, Vaishali /concerned Court, where the case
is pending in connection with Vaishali P.S. Case No. 56 of
2026, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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