Patna High Court
Deepak Kumar @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail could not be granted as the petitioners were found to be involved in the alleged offences.
Summary
The petitioners, Deepak Kumar and Shital Kumar, filed an anticipatory bail application fearing arrest in connection with FIR No.199 of 2025, which alleged multiple offences including assault, grievous hurt and outraging modesty under various sections of the BNS, 2023. The informant claimed the accused, acting on orders of Ram Ayodhya Bhagat, assaulted her and her family members with lathis, iron rods and a kulhadi, causing injuries that were supported by X‑ray and medical evidence. The petitioners contended that the FIR was exaggerated, they have no prior criminal record, and the injuries were simple. The State, through the informant’s counsel, presented forensic evidence of a frontal bone fracture and stitches, linking the injuries to the petitioners. The Court, after considering the submissions and evidence, concluded that the petitioners were involved in the alleged offences and therefore could not be granted relief. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the allegations and evidence presented.
- Whether the FIR and the medical evidence sufficiently establish the involvement of the petitioners in the offences charged.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352, 74
Subjects
- anticipatory bail
- FIR
- assault
- grievous hurt
- outraging modesty
- Bihar criminal law
- section 126
- section 115
- section 118
- section 117
- section 109
- section 74
- section 303
- section 352
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74926 of 2025
Arising Out of PS. Case No.-199 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
1. Deepak Kumar @ Dipak Kumar S/o Ram Ayodhya Bhagat Resident of
Village - Maliya Tola, P.S - Chiraiya, District - East Champaran
2. Shital Kumar @ Niranjan Prasad @ Sital Kumar S/o Ram Ayodhya Bhagat
Resident of Village - Maliya Tola, P.S - Chiraiya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Adv.
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr. Adarsh Ranjan, learned Counsel for the
petitioners, Mr. Prashant Raj for the informant and learned APP
for the State.
2. The petitioners apprehend their arrest in connection
with Chiraiya P.S. Case No. 199 of 2025 for the offence
registered under sections 126(2), 115(2), 118(1), 117(2), 109,
74, 303(2), 352, 3(5) of the BNS, 2023.
3. As per the prosecution story, the informant alleged
that while she was sitting at her door, due to old enmity, the
accused persons came armed variously and allegation is that on
the order of Ram Ayodhya Bhagat, Shital Kumar (petitioner no.
2) gave lathi blow on her left and right shoulder causing injury.
Patna High Court CR. MISC. No.74926 of 2025(3) dt.24-02-2026
2/2
Thereafter, Ram Ayodhya Bhagat also gave lathi blow and
outraged her modesty. When her husband, Mishri Lal Singh
came to rescue, Shital Kumar gave iron rod blow on the head
causing injury and as the son, Raj Kumar came to rescue,
allegation is that petitioner no. 1, Deepak Kumar gave kulhadi
blow on the head. This led to the FIR.
4. Learned Counsel for the petitioners submit that
exaggerated FIR is there, they do not have criminal antecedent
and injury has been found to be simple in nature.
5. Learned counsel for the informant, on the other
hand has taken this Court to the learned Sessions Judge order to
show that the X-Ray of the brain shows fracture in the frontal
bone of Mishrilal Singh and the injury of Raj Kumar shows that
he got stitches on the wound that is attributed to Deepak.
6. Considering the submissions of the parties as also
the role that has been played by these petitioners, no relief can
be extended to the petitioners.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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