Patna High Court
Kaushlendra @ Sanjay @ Shridevi @ Kaushlendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail could not be granted to the petitioner.
Summary
The petitioners sought anticipatory bail in a case (PS Case No. 533 of 2025) where they were accused under Sections 126(2), 115(2), 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for allegedly assaulting an informant with intent to kill and indiscriminate firing. The prosecution alleged that nine accused, including the petitioners, participated in the assault, while the petitioner's counsel argued innocence, claiming the specific firing allegation pertained only to a co‑accused and that the allegations were general. The State opposed bail, highlighting specific allegations against the petitioner and his prior criminal cases. The High Court, after considering the submissions, declined to grant anticipatory bail, directing the petitioner to surrender within four weeks and to apply for regular bail before the trial court. The trial court was instructed to decide the surrender‑cum‑bail application on its merits without prejudice from the anticipatory bail denial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the specific allegations and his criminal antecedent.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- bail denial
- Bhartiya Nyaya Sanhita
- criminal antecedent
- assault
- attempt to murder
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7485 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- DHANARUA District- Patna
======================================================
Kaushlendra @ Sanjay @ Shridevi @ Kaushlendra Kumar S/o Kauleshwar
Prasad Sharma @ Dinesh Prasad @ Kauleshwar Sharma R/o Village - Neema,
Badih, P.S - Dhanarua, District - Patna, Pin - 804453
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Chandra, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Dhanarua P.S. Case No. 533 of 2025, dated 04.09.2025,
lodged under Sections 126(2), 115(2), 109(1) & 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”), pending before the Court of Sub-Divisional Judicial
Magistrate, Masaurhi, Patna.
3. As per the prosecution, FIR has been lodged against
nine named accused persons, including the present petitioners,
with the allegation that all the accused persons assaulted the
informant with an intent to kill. It has further been alleged that
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all the accused persons made indiscriminate firing, and the
informant somehow saved his life.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that there are general and omnibus allegations.
Counsel further submits that the antecedent of the petitioner is
not clean, as there are two criminal cases pending against him.
The specific allegation of firing is made against one co-accused,
namely Kaushal Sharma, which hit the informant in the
stomach.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that there are specific
allegations against the petitioner. Counsel further submits that
the criminal antecedent of the petitioner is also not clean.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 4 weeks from today. In case,
the petitioner surrenders within four weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
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on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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