Patna High Court
Sanjay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected as the allegations of assault causing grievous injury were deemed sufficient to deny relief.
Summary
The petitioner, Sanjay Kumar Sah, sought anticipatory bail after being implicated in a police case (No. 169 of 2025) for alleged assault causing grievous injuries to the informant, Mukesh Kumar. The prosecution alleged that the petitioner assaulted the informant, resulting in a grievous injury report, and the FIR was lodged on 25.06.2025. The petitioner argued there was a counter‑case, delay in filing the FIR, and that the dispute stemmed from a land issue, seeking relief from arrest. The State, relying on the injury report, contended that the allegations were substantiated. The Court found the allegations sufficient to deny bail, rejecting the anticipatory bail application, but directed that if the petitioner surrenders within four weeks, the trial court should consider the matter promptly.
Issues considered
- What is the appropriate relief, if any, in an anticipatory bail application where the petitioner is accused of assault causing grievous hurt?
- Does the delay in lodging the FIR and the existence of a land dispute affect the grant of anticipatory bail?
Subjects
- anticipatory bail
- grievous hurt
- assault
- FIR delay
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7997 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
Sanjay Kumar Sah Son of Late Jageshwar Sah Resident of village -
Mirchaibari, Ward No.- 03, Police Station - Jankinagar, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 22-04-2026 Heard Mr. Bipin Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Jankinagar P.S. Case No. 169 of 2025 for the
offence under sections 126(2), 115(2), 118(2), 117(2), 303(2),
351(2), 352 and 3(5) of the BNS lodged on 25.06.2025 by the
informant, Mukesh Kumar.
3. As per the prosecution story, the allegation against
this petitioner is of assaulting the informant causing injuries,
which as per the injury report, has been found to be grievous in
nature. This led to the FIR.
4. Learned counsel for the petitioner submits that
there is case and counter-case, delay in lodging of the FIR,
admittedly, there is a land dispute.
Patna High Court CR. MISC. No.7997 of 2026(3) dt.22-04-2026
2/2
5. Learned APP, Mr. Jitendra Kumar Singh, on the
other hand, has taken this Court to the injury report to show that
the injury inflicted by this petitioner to the informant has been
found to be grievous in nature.
6. Considering the allegation that has come against
the petitioner, no relief can be extended to him.
7. The anticipatory bail application stands rejected.
8. If, however, the petitioner surrenders within four
weeks, the concerned Court shall take up the matter and dispose
it of preferably on the same day.
(Rajiv Roy, J)
Adnan/-
U
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