Patna High Court

Himanshu SinghversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because the alleged offences are serious and involve grievous injuries.

Summary

Himanshu Singh and Mamta Singh applied for anticipatory bail after an FIR was lodged against them in Raghunathpur police station for alleged assault on an informant and others using lathi and danda, causing grievous injuries. The FIR charges them under Sections 126(2), 115(2), 118(1), 303(2), 351(2), 3(5), 308(4) of the Bharatiya Nyaya Sanhita, with Section 109 later added. The petitioners feared arrest and sought pre‑emptive release. The Court examined the seriousness of the alleged offences and the nature of the injuries inflicted. Considering the gravity of the accusations and the grievous hurt caused, the Court refused the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioners in view of the offences alleged under the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 308(4), 3(5), 351(2)

Subjects

anticipatory bail
assault
grievous hurt
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.74105 of 2025
                   Arising Out of PS. Case No.-92 Year-2025 Thana- Raghunathpur District- East Champaran
                  ======================================================
            1.     Himanshu Singh S/o Late Bharat Singh R/V - Laxmipur Balganga, PS-
                   Raghunathpur, Dist- East Champaran
            2.     Mamta Singh @ Mamta Devi W/o Late Bharat Singh R/V - Laxmipur
                   Balganga, PS- Raghunathpur, Dist- East Champaran
                                                                           ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Anuj Kumar, Advocate
                  For the Opposite Party/s :        Mr. Nawal Kishore Prasad, A.P.P.
                  For the Informant        :        Mr. Rabindra Nath Tiwari,
                                                    Mr. Rakesh Kumar Jha, Advocates
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

3    05-02-2026                  Heard learned counsel for the petitioners, informant
                    and the State.
                                 2. Petitioners apprehend arrest in Raghunathpur P. S.
                    Case No. 92 of 2025 registered for the offences punishable
                    under Sections 126(2), 115(2), 118(1), 303(2), 351(2), 3(5),
                    308(4) of the Bharatiya Nyaya Sanhita to which Section 109
                    BNS was added later on.
                                 3. As per F.I.R., these petitioners assaulted informant
                    and others by means of lathi and danda. Injuries attributed to
                    these petitioners are grievous in nature.
                                 4. Considering the nature of accusation and injuries,
                    prayer for anticipatory bail of the petitioners is refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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