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Patna High Court

Bablu Kumar @ Bablu ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                  ======================================================
                  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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