Patna High Court
Prince PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that anticipatory bail cannot be granted where there is a direct allegation of a serious knife assault.
Summary
Prince Patel was accused of assaulting an informant with a knife, danda and rod, causing serious injury and threatening death, under several provisions of the Bharatiya Nyaya Sanhita, 2023. The petitioner sought anticipatory bail, claiming innocence and a clean antecedent, while the State opposed the relief. The High Court examined the direct allegation that the petitioner inflicted a knife blow, noting the seriousness of the offence. It concluded that granting anticipatory bail would be inappropriate in the present circumstances. Consequently, the court rejected the anticipatory bail application but indicated that regular bail could be considered if the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the alleged serious assault under the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- section 438
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5373 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Prince Patel Son of Sanjay Patel Resident of village - Jaltoli, Ps-
Dumariaghat, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Dumariaghat P.S. Case No. 239 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 109, 352,
351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in brief, is that on 13.08.2025 at
about 09:00 PM the accused persons, namely Prince Patel
(petitioner), Vivek Patel and Vinod Patel, with pre-concerted
intention trespassed into the house of the informant, assaulted
him with danda, rod and knife causing serious abdominal injury
and extended threats to kill him and his family.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5373 of 2026(2) dt.03-02-2026
2/2
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
Petitioner bears clean antecedent. As per FIR, petitioner
allegedly assaulted the informant by means of knife and injury
is found to be simple in nature. Other co-accused has been
granted bail by this Court vide order dated 17.11.2025, passed in
Cr. Misc. No. 76921 of 2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the
learned counsel for the parties, there being direct allegation
against the petitioner of giving knife blow to the informant, this
Court is not inclined to enlarge the petitioner on anticipatory
bail. Prayer for anticipatory bail is hereby rejected.
7. However, if the petitioner surrenders before the
court below within a period of six weeks from today and prays
for regular bail, the same would be considered by the court
below in accordance with law without being prejudiced by the
order of this Court.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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