Patna High Court
Deepak RajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted in view of the nature and gravity of the offences.
Summary
The petitioner, Deepak Raj, applied for anticipatory bail in connection with a criminal case (PS Case No. 191 of 2025) alleging assault under Sections 127(1), 127(2), 115(2), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and others assaulted the victim with various weapons, causing eighteen injuries. The High Court examined the nature and gravity of the offences and concluded that the petitioner did not merit the privilege of anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was ordered to surrender within two weeks and seek regular bail. The order was limited to the present application and does not prejudice any later stage of the proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 given the seriousness of the alleged offences
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 127(1), 127(2), 303(2), 3(5)
Subjects
- anticipatory bail
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72858 of 2025
Arising Out of PS. Case No.-191 Year-2025 Thana- ISLAMPUR District- Nalanda
======================================================
Deepak Raj S/o Dinesh Prasad @ Dinesh Prasad Sinha R/o Village - Badi
Paithana, P.S - Islampur, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhukar Anand
For the Opposite Party/s : Mr. Vinod Shanker Modi
Mr. Shyam Kumar Singh, APP
For the informant : Mr. Samir Kumar Bharti
Mr. Anil Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Islampur P.S. Case No. 191 of 2025 registered for offences
under Sections 127(1), 127(2), 115(2), 109, 303(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner and
others are accused of assaulting the victim with different
weapons. 18 injuries have been found upon the victim.
4. Considering the nature and the gravity of the
offence, this court is of the considered opinion that petitioner
does not deserve the privilege of anticipatory bail in the present
Patna High Court CR. MISC. No.72858 of 2025(3) dt.21-01-2026
2/2
case.
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Nalanda will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Nalanda through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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