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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Akash Kumar, sought anticipatory bail fearing arrest in a case (PS Case No. 198 of 2025) involving alleged offences of assault, intimidation, and other serious crimes under sections 126(2), 115(2), 117(2), 109, 132, 308(3), 352, 351(2) and 3(5) of the Bihar Penal Code. The prosecution alleged that the petitioner and co‑accused assaulted a victim at a construction site and threatened the contractor to halt work. The High Court examined the seriousness of the allegations and the likelihood of the petitioner’s involvement. Considering the nature and gravity of the accusations, the Court was not inclined to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed, and the petitioner was ordered to surrender within four weeks and apply for regular bail, failing which the police were directed to arrest him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Penal Code.

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • intimidation
  • bail denial
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63040 of 2025
                      Arising Out of PS. Case No.-198 Year-2025 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Akash Kumar S/O Bilash Paswan @ Ramvilash Paswan R/O Village- Katari
                 Hill, P.S.-Chandauti, District- Gaya, State- Bihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prithivi Raj Singh
                 For the Opposite Party/s :       Mr.Tapeshwar Sharma
                                                  Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   21-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Chandauti P.S. Case No. 198 of 2025 registered

                   for the offence under Sections 126(2), 115(2), 117(2), 109, 132,

                   308(3), 352, 351(2), 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner and

                   other accused persons are said to have assaulted the victim on a

                   construction site and they have also tried to stop the work by

                   threatening the contractor.

                                   4. Considering the nature of allegation levelled

                   against the petitioner, this Court is not inclined to grant

                   anticipatory bail to the petitioner.
          Patna High Court CR. MISC. No.63040 of 2025(5) dt.21-01-2026
                                                      2/2




                                     5.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                    6. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Senior Superintendent of Police, Gaya

                    will take all steps for arrest of the petitioner.

                                    7.     Let a copy of this order this order be

                    communicated to the Senior Superintendent of Police, Gaya

                    through FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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