Patna High Court
FakiraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the injury sustained by the victim was grievous.
Summary
The petitioner sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, alleging that he had merely poured drain water into the victim's courtyard and did not assault anyone. The prosecution alleged that this act provoked a violent assault resulting in serious head injuries to the victim and his son, classifying the injury as grievous. The petitioner argued he had a clean antecedent and no involvement in the assault. The State opposed the bail on the ground of the grievous nature of the injury. The Court held that the presence of a grievous injury made the case unsuitable for anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of causing grievous injury.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 117(2), 118(1), 118(2), 126(2), 190(2), 191(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- grievous injury
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73996 of 2025
Arising Out of PS. Case No.-312 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Fakira Son of Nurul Huda R/o Village - Betbari, P.S. - Bahadurganj, Dist. -
Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, 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 Bahadurganj P.S. Case No. 312 of 2025 instituted under
Sections 191(2)/ 190(2)/ 115(2)/ 76/ 126(2)/ 117(2)/ 118(1)/
118(2)/ 351(2)/ 352/ 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioner forcibly
poured drain water into Sultan’s courtyard, triggering a violent
assault by the accused, causing serious head injuries to Sultan
and his son.
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
Patna High Court CR. MISC. No.73996 of 2025(3) dt.10-03-2026
2/2
for anticipatory bail of the petitioner on the ground that the
injury sustained by one of the victims is grievous in nature.
6. Considering the fact that the injury sustained by
the one of the victims is grievous in nature, 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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