Patna High Court
Mahesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the allegations were specific, serious, and involved grievous injuries.
Summary
The petitioner, Mahesh Singh, sought anticipatory bail after fearing arrest in a case alleging he assaulted his neighbour Ankit Kumar with a farsa, causing grievous injuries. The prosecution alleged offences under Sections 191(2), 193(3), 190, 115(2), 118(1), 117(2) and 109(1) of the B.N.S. The petitioner claimed innocence, stating the incident arose from a land dispute and both parties had injuries. The State opposed the bail, emphasizing the specific accusation and seriousness of the injuries. The Court examined the nature of the allegations and the gravity of the injuries and concluded that the circumstances did not warrant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged assault.
Legislation cited
- B.N.S. — s. 109, 115, 117, 118, 190, 191, 193
Subjects
- anticipatory bail
- assault
- grievous injury
- criminal procedure
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5186 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- AGIAON District- Bhojpur
======================================================
Mahesh Singh S/o Shri Singh@ Sri Bhagwan Singh Resident of Village-
Sheopur, P.S.- Agion, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raju Kumar Singh, Advocate
For the State : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 191(2),
193(3), 190, 115(2), 118(1), 117(2) and 109(1) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted on the head of one Ankit Kumar with Farsa.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Both parties are next door neighbors and
due to land dispute, a simple altercation took place in which
both sides sustained injuries. There is case and counter-case.
Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
Patna High Court CR. MISC. No.5186 of 2026(2) dt.03-02-2026
2/2
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that he assaulted on the head of Ankit
Kumar with Farsa as a result of which he sustained grievous
injuries.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and nature of
injuries sustained by the injured, the prayer for grant of
anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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