Created by Fuzzy Cloud

Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.42178 of 2026(2) dt.06-07-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.42178 of 2026(2) dt.06-07-2026
                                            3/4




                       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
              Patna High Court CR. MISC. No.42178 of 2026(2) dt.06-07-2026
                                                          4/4




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.