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Patna High Court

BIKRANT KUMAR @ BIKRANT CHAUDHARYversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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