Patna High Court

Amit KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was not granted; the petitioner must seek regular bail before the lower court after the injury report is finalized.

Summary

The petitioner, Amit Kumar, was implicated in a police case (No.455 of 2025) for alleged assault causing head injury to the victim, with charges under several sections of the Bihar Narcotic Substances Act, 2023. He applied for anticipatory bail before the Patna High Court, arguing that the injury report was pending and that he should be released pending trial. The court examined the seriousness of the alleged offences and noted that the nature and extent of the injury were still to be ascertained. It held that anticipatory bail could not be granted at this stage without a final injury report. Consequently, the court disposed of the anticipatory bail application, directing the petitioner to file a regular bail application before the lower court, which will consider the final injury report before deciding.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the provisions of the Criminal Procedure Code in view of the pending injury report
Whether the nature of the alleged offences under the B.N.S., 2023 justifies denial of anticipatory bail

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 308(3), 324(4), 324(5), 3(5)

Subjects

anticipatory bail
criminal procedure
bail application
injury report
assault
Bihar Narcotic Substances Act

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.74030 of 2025
                         Arising Out of PS. Case No.-455 Year-2025 Thana- GARKHA District- Saran
                  ======================================================
                  Amit Kumar S/o- Sheo Kumar Rai @ Shivkumar Yadav R/v- Khori Pakar PS-
                  Garkha Dist- Saran at Chapra
                                                                         ... ... Petitioner
                                                 Versus
                  The State of Bihar                             ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Shambhu Prasad Yadav, Advocate
                  For the Opposite Party/s :        Mr. Md. Aslam Ansari, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    10-03-2026                     Heard learned counsel for the petitioner and

                    learned APP for the State.

                                    2.         The petitioner seeks anticipatory bail in

                    connection with Garkha P.S. Case No.455 of 2025 registered for

                    the offence under sections 126(2), 115(2), 308(3), 109, 303(2),

                    324(4), 324(5), 3(5) of the B.N.S., 2023.

                                    3.         The petitioner is said to have assaulted on

                    the head of the victim. The nature of injury is still reserved.

                                    4.         In these circumstances, this bail application

                    is disposed of with liberty to the petitioner to move before the

                    court below for grant of bail by way of filing an application. If

                    such an application is filed, the court below shall decide the

                    same and pass appropriate order considering the final injury

                    report.


                                                           (Sandeep Kumar, J)

pawan/-
U       T

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