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Patna High Court

Ram SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioners.

Summary

The petitioners, Ram Singh and Bittu Kumar, applied for anticipatory bail fearing arrest in a case (Jagdishpur P.S. Case No. 164 of 2025) involving offences under Sections 126(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution presented an injury report indicating grievous injuries to the victim, suggesting the petitioners as the perpetrators. Considering the seriousness of the alleged assault and the nature of the offences, the Patna High Court declined to grant anticipatory bail. The court ordered the petitioners to surrender within four weeks to seek regular bail, warning that failure to do so would lead to their arrest. The order is limited to the anticipatory bail application and does not prejudice any future proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the grievous nature of the alleged assault and the offences charged under the Bharatiya Nyaya Sanhita, 2023

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51840 of 2025
                     Arising Out of PS. Case No.-164 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
           1.     Ram Singh S/O Late Shamsher Singh Resident of Village- Vimva
                  (Bimawan), P.S.- Jagdishpur, Dist.- Bhojpura
           2.    Bittu Kumar S/O Ram Singh Resident of Village- Vimva (Bimawan), P.S.-
                 Jagdishpur, Dist.- Bhojpura

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Swarnima
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   26-02-2026                  Heard the learned counsel for the petitioners and the

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Jagdishpur P.S. Case No. 164 of 2025 registered for offences

                   under Sections 126(2), 118(1), 109, 303(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioners are

                   accused of assaulting the victim.

                                4. The learned counsel for the State, Mr. Shyam

                   Kumar Singh has produced the injury report and the same is

                   taken on record. From the perusal of the same it appears that the

                   injury sustained by the victim is grievous in nature. The
            Patna High Court CR. MISC. No.51840 of 2025(6) dt.26-02-2026
                                                        2/2




                      petitioner is the author of the injury.

                                   5. Considering the nature and gravity of offence, this

                      court is not inclined to grant the privilege of anticipatory bail to

                      the petitioners in the present case.

                                   6. Accordingly, this application for anticipatory bail is

                      rejected.

                                   7. The petitioners are directed to surrender in the

                      concerned Court below within a period of four weeks from

                      today and seek regular bail, failing which the Superintendent of

                      Police, Bhojpur at Ara will take all steps for the arrest of the

                      petitioners.

                                   8. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioners at any

                      subsequent stage of the proceedings.

                                   9. Let a copy of this order be communicated to the

                      Superintendent of Police, Bhojpur at Ara through FAX/e-mail

                      for its compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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