Patna High Court
Nawab Kumar @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioners, Nawab Kumar and Niranjan Sah, were implicated in a FIR (Muffasil PS Case No.525 of 2025) alleging assault on the informant and his sons using an iron rod and a farsa, invoking multiple sections of the Bharatiya Nyaya Sanhita. The petitioners contended they were innocent, claiming the allegations were fabricated due to prior enmity and that they have a clean antecedent. The informant’s counsel opposed the anticipatory bail, asserting that the injuries sustained were grievous. The court examined the seriousness of the accusations, the nature of the alleged injuries, and the risk of arrest. Considering the gravity of the offences and the alleged injuries, the court refused the petitioners’ anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita given the nature of the alleged offences and injuries.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 117, 118, 126, 3, 303, 308, 329, 351, 352, 61
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail refusal
- grievous injuries
- enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80880 of 2025
Arising Out of PS. Case No.-525 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Nawab Kumar @ Akash Kumar son of Niranjan sah Resident Of Village-
Ward no. 13, Village- Basatpur near High School Patpariya Road, Ps-
Mufassil, Dist- East Champaran
2. Niranjan Sah @ Niranjan Prasad Sah son of Rambilash Sah Resident Of
Village- Ward no. 13, Village- Basatpur near High School Patpariya Road,
Ps- Mufassil, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
For the Informant : Mr. Pratik Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in Muffasil P. S. Case
No. 525 of 2025 registered for the offences punishable under
Sections 329(3), 126(2), 115(2), 118(1), 117(2), 109, 308(3),
303(2), 61(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., petitioner no. 1 assaulted sons of the
informant with iron rod and petitioner no. 2 is alleged to have
assaulted on the head of informant with farsa.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. As a
Patna High Court CR. MISC. No.80880 of 2025(4) dt.13-03-2026
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matter of fact, no occurrence, as alleged, ever took place and
petitioners have falsely been implicated in this case due to
previous enmity. Petitioners claim clean antecedent.
5. However, learned counsel for the informant
vehemently opposed the bail application and submitted that
injuries sustained by informant and his sons are grievous in
nature.
6. Considering the nature of accusation and injuries,
prayer for anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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