Patna High Court
Ram SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 126(2), 303(2), 3(5)
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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