Patna High Court

Om Prakash ParwatversusThe State of Bihar

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

Holding

The court refused to grant anticipatory bail, holding that the seriousness of the injury warranted dismissal of the bail application.

Summary

The petitioner, Om Prakash Parwat, applied for anticipatory bail in connection with a criminal case (Thawe P.S. Case No.118 of 2025) alleging offences under sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023. The allegations state that the petitioner caused grievous injury to the victim. The court examined whether the seriousness of the injury justified the grant of anticipatory bail. Considering the nature and severity of the injury, the judge was not inclined to provide relief. Consequently, the anticipatory bail application was dismissed.

Issues considered

What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail when the alleged offence involves grievous injury under the B.N.S., 2023?

Legislation cited

B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

anticipatory bail
grievous injury
criminal procedure
B.N.S. 2023
section 126(2)
section 115(2)
section 109
section 303(2)
section 352
section 351(2)
section 3(5)

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.74957 of 2025
                        Arising Out of PS. Case No.-118 Year-2025 Thana- THAWE District- Gopalganj
                  ======================================================
                  Om Prakash Parwat S/o Madan Parwat R/o Village- Chanave, P.S.- Thawe,
                  District- Gopalganj
                                                                          ... ... Petitioner
                                                Versus
                  The State of Bihar
                                                                   ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner        :        Mr. Vasant Vikas, Advocate
                  For the State             :        Mr. Binod Kumar, 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.       This application for anticipatory bail arises

                    out of Thawe P.S. Case No.118 of 2025 for the offence under

                    sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the

                    B.N.S., 2023.

                                       3.       The petitioner is said to have injured the

                    victim causing grievous injury.

                                       4.       Considering the nature of injury sustained by

                    the victim, I am not inclined to grant anticipatory bail to the

                    petitioner. Accordingly, this bail application is dismissed.



                                                            (Sandeep Kumar, J)

pawan/-
U       T

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