Patna High Court
JUMMAN SAH @ MD. JUMMAN @ JUMMANversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the injury sustained by the victim was grievous in nature.
Summary
The petitioner, Jumman Sah, was accused of assaulting a victim causing grievous injury under several provisions of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, claiming he had no prior criminal record and did not commit the assault. The State opposed the bail on the ground that the injury was grievous. The Court examined the nature of the alleged offence and held that the seriousness of the injury made the case unsuitable for anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within four weeks to seek regular bail, with the Superintendent of Police directed to effect his arrest if he fails to do so.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves grievous injury to the victim.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 352
Subjects
- anticipatory bail
- grievous injury
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6298 of 2026
Arising Out of PS. Case No.-373 Year-2024 Thana- RANIGANJ District- Araria
======================================================
JUMMAN SAH @ MD. JUMMAN @ JUMMAN S/o- Md. Islam R/v-
Nayapatti Bistoriya, W.No-11, Ps- Raniganj Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Raniganj P.S. Case No. 373 of 2024 instituted under
Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 352
of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioner is said to
have assaulted the victim causing grievous injury.
4. Learned counsel for the petitioner submits that the
petitioner has not assaulted anyone. Petitioner has clean
antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that the
injury sustained by victim is grievous in nature.
Patna High Court CR. MISC. No.6298 of 2026(3) dt.24-02-2026
2/2
6. Considering the fact that the injury sustained by
victim is grievous in nature, this is not a fit case for grant of
anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Araria will take all steps for arrest of
the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Araria through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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