Patna High Court
Bablu Kumar @ Bablu ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail was denied because the nature of the assault and the seriousness of the injuries did not warrant bail.
Summary
The petitioner, Bablu Kumar, was implicated in a FIR alleging that he assaulted an informant with a pistol, causing grievous injuries to the chest and back. The charges filed against him include offences under sections 1263(2), 115(2), 352, 351(2), 117(2), 109 and 3(5) of the BNS. The petitioner applied for pre‑arrest bail, fearing imminent arrest. The Court examined the seriousness of the alleged assault, the nature of the injuries, and the gravity of the offences. Considering the violent nature of the act and the serious injury inflicted, the Court found that the criteria for granting pre‑arrest bail were not satisfied. Consequently, the petition for pre‑arrest bail was rejected. The order was delivered by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the alleged assault with a pistol causing grievous injury.
Legislation cited
- BNS — s. 109, 115(2), 117(2), 1263(2), 3(5), 351(2), 352
Subjects
- assault
- pistol
- grievous injury
- pre‑arrest bail
- criminal procedure
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76543 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
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Bablu Kumar @ Bablu Chauhan S/O Itavari Prasad @ Atawari Prasad R/O
Vill.- Sihin Tarauni @ Tarauni, P.S.- Hisuwa, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar , Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for the
offence punishable under sections 1263 ( 2 ), 115 ( 2), 352, 351
( 2 ), 117 ( 2 ), 109 and 3 (5) of BNS.
3. As per F.I.R. this petitioner assaulted on the chest
and back of the informant by means of pistol due to which
informant sustained injury . Doctor has found the injury
grievous in nature .
4. Considering the nature of accusation , injury and
gravity of offence , prayer for pre-arrest bail of the petitioner is
rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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