Patna High Court
BIKRANT KUMAR @ BIKRANT CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail could not be granted to the petitioners.
Summary
The petitioners, Bikrant Kumar and Nikku Kumar, applied for anticipatory bail fearing arrest in a case (PS Case No. 599 of 2023) involving alleged offences under Sections 341, 323, 307, 379, 506 and 448/34 of the Indian Penal Code. The prosecution alleged that the petitioners assaulted a doctor, resulting in a fractured shoulder, and presented the case diary and injury report as evidence. The petitioners argued that the informant had misbehaved with their family members, suggesting the incident was provoked. The informant’s counsel opposed bail, emphasizing the seriousness of the injuries and the nature of the alleged assault. The Court, after considering the evidence, was not persuaded to grant anticipatory bail and dismissed the application. The petitioners were ordered to surrender within four weeks and seek regular bail, failing which the police were directed to arrest them.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under CrPC Section 438 in view of the alleged offences under the IPC.
Legislation cited
- Indian Penal Code — s. 307, 323, 341, 379, 448/34, 506
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- Criminal Procedure Code
- Patna High Court
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52891 of 2024
Arising Out of PS. Case No.-599 Year-2023 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. BIKRANT KUMAR @ BIKRANT CHAUDHARY SON OF LATE AJIT
CHOUDHARY R/O- VILLAGE- KOATH PS- DAWATH DISTT -ROHTAS
AT SASARAM
2. NIKKU KUMAR @ NIKKU CHUDHARY SON OF LATE AJIT
CHOUDHARY R/O- VILLAGE- KOATH PS- DAWATH DISTT -ROHTAS
AT SASARAM
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chhote Lal Mishra
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners apprehends their arrest in
connection with Bikramganj P.S. Case No. 599 of 2023
registered for the offence under Sections 341, 323, 307, 379,
506, 448/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim, who is a doctor, because of
some dispute.
4. Learned counsel for the petitioners submits that
the informant has misbehaved with the alleged family members
and therefore the occurrence has taken place.
Patna High Court CR. MISC. No.52891 of 2024(4) dt.12-02-2026
2/2
5. Learned counsel for the informant has opposed
the prayer of bail. Learned counsel for the State and the I.O.
have produced the case diary and the injury report and perusal
of the same, it appears that the shoulder of the informant has
been fractured. Moreover, if a doctor would have misbehaved
with the patient then the patient would not have waited for
another day to complain regarding the same.
6. Considering the aforesaid facts, this Court is not
inclined to grant anticipatory bail to the petitioners.
7. Accordingly, this application for anticipatory
bail is dismissed.
8. The petitioners are directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Rohtas will take
all steps for arrest of the petitioners.
9. Let a copy of this order this order be
communicated to the Superintendent of Police, Rohtas through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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