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Patna High Court

Navalesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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