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Patna High Court

FakiraversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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