Patna High Court
Navalesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the case was not fit for such relief.
Summary
Navalesh Kumar applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, including assault and grievous hurt provisions. The prosecution alleges that Kumar, together with Ajay Kumar, assaulted the victim causing head injuries that required hospitalisation. The petitioner contended that he did not assault anyone and highlighted his clean antecedent record. The State opposed the bail, emphasizing the seriousness of the injuries and the charges. The Court examined the allegations and the petitioner's claim of innocence and concluded that the circumstances did not warrant the grant of anticipatory bail. Consequently, the application for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault and injuries.
- Whether the petitioner's clean antecedent is sufficient to outweigh the seriousness of the charges under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 351(2), 351(3), 352
Subjects
- anticipatory bail
- assault
- grievous hurt
- Bharatiya Nyaya Sanhita
- clean antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73931 of 2025
Arising Out of PS. Case No.-182 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
Navalesh Kumar S/O Ramashray Singh R/O - Pachrukhi Chiralli,P.S-
Khizarsarai,Dist- Gaya, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Smiti Bharti, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Khizarsarai P.S. Case No. 182 of 2025 instituted under
Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 303(2), 352,
351(2), 351(3) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioner and one
Ajay Kumar are said to have assaulted the victim due to which
he sustained various injuries and then he was taken to hospital
for treatment.
4. Learned counsel for the petitioner submits that the
petitioner has not assaulted anyone. Petitioner has clean
antecedent.
Patna High Court CR. MISC. No.73931 of 2025(3) dt.10-03-2026
2/2
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that the
victim has sustained an injury on his head, which is said to
have been caused by the petitioner.
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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