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Patna High Court

Prince PatelversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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