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Patna High Court

Kaushlendra @ Sanjay @ Shridevi @ Kaushlendra KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.7485 of 2026(4) dt.22-04-2026
                                            2/3




          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
          Patna High Court CR. MISC. No.7485 of 2026(4) dt.22-04-2026
                                                      3/3




                    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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