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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

Suraj Kumar petitioned the Patna High Court for anticipatory bail after being implicated in a case under Sections 191(2), 190, 126(2), 115(2) and 109 of the B.N.S. for allegedly assaulting the husband of informant Aarti Kumari with an iron rod and further attacks with bricks, causing grievous injuries. The petitioner claimed innocence, alleging that he was falsely implicated due to village politics and highlighted his clean antecedents. The State opposed the bail, emphasizing the direct allegation of a violent assault and the grievous nature of the injury as shown in the medical report. The Court examined the seriousness of the allegations and the circumstances surrounding the case. Concluding that the nature of the accusation warranted denial of anticipatory bail, the Court rejected the petitioner's bail prayer.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged grievous assault.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 190, 191(2)

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • criminal procedure
  • B.N.S.
  • Section 191
  • Section 190
  • Section 126
  • Section 115
  • Section 109
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77195 of 2025
                       Arising Out of PS. Case No.-123 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Suraj Kumar Son of Late Satya Narayan Rai, Resident of Village-Rachiyahi,
                 Tola-Kachahari,Ward No-01, P.S-Singhaul,District-Begusarai

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Saket Kumar, Advocate
                 For the Opposite Party/s :         Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   11-02-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2. The petitioner apprehends arrest in a case instituted

                   under Sections 191(2), 190, 126(2), 115(2) and 109 of the

                   B.N.S.

                           3. As per prosecution case, on the alleged date of

                   occurrence, the named accused persons including petitioner

                   came to the house of informant Aarti Kumari and started beating

                   her and her husband. Petitioner is alleged to have assaulted the

                   informant’s husband with iron rod on back of his head due to

                   which he fell down and thereafter all the accused persons

                   assaulted him with bricks and stone as a result of which the

                   husband of informant sustained injuries.

                           4. Learned counsel for the petitioner submits that the
           Patna High Court CR. MISC. No.77195 of 2025(3) dt.11-02-2026
                                                       2/2




                     petitioner is innocent and has falsely been implicated in this

                     case due to dirty village politics. The informant and the

                     petitioner are agnates. The petitioner has clean antecedent.

                             5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner by contending that there is

                     direct allegation of assault to the husband of informant on his

                     head with iron rod against the petitioner causing head injury. He

                     further submits that the injury report shows that the injury

                     caused to the injured is found to be grievous in nature.

                     Therefore, the petitioner does not deserve anticipatory bail.

                             6. Considering the facts and circumstances of the case and

                     the nature of allegation made against the petitioner, this Court is

                     not inclined to enlarge the petitioner on anticipatory bail.

                     Accordingly, his prayer for bail is rejected.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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