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Patna High Court

Paras KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

Paras Kumar, a resident of Pachraur village in Saran district, filed an anticipatory bail petition fearing arrest in a case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR dated 19 March 2025 alleges that he, along with co‑accused, brutally assaulted the son of an informant with bamboo sticks and sharp cutting weapons, causing the victim's death. The petitioner sought protection from arrest on the ground that the allegations were unfounded. The Court examined the seriousness of the charges, noting that the offence involved homicide and the use of lethal weapons. Considering the grave nature of the accusation and the potential for the petitioner to be a material witness, the Court rejected the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a case involving alleged homicide under Sections 103(1) and 3(5) of the B.N.S., 2023?

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • homicide
  • Bihar Narcotic Substances Act 2023

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.78171 of 2025
                           Arising Out of PS. Case No.-82 Year-2025 Thana- TARAIYA District- Saran
                    ======================================================
                    Paras Kumar son of Vidya Mahto Resident of village-Pachraur, P.S.- Taraiya,
                    District- Saran.
                                                                               ... ... Petitioner/s
                                                    Versus
                    The State of Bihar
                                                                        ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Vishesh Kumar Singh
                    For the Opposite Party/s :       Mr.Shailendra Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      19-01-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 103(1), 3(5) of

                      the B.N.S., 2023.

                                   3. As per F.I.R., on 19.03.2025 at about 5 PM, this

                      petitioner along with other co-accused persons are alleged to

                      have brutally assaulted son of informant with bamboo sticks &

                      sharp cutting weapons, on account of which, in course of

                      treatment he died.

                                   4. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T


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