Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court denied anticipatory bail to the petitioner.
Summary
Arjun Kumar, a 23‑year‑old resident of Kateya, Gopalganj, was implicated in a FIR (Case No. 466 of 2025) alleging that he assaulted an informant and her daughter with an iron rod, causing both simple and grievous injuries, and was charged under Sections 126(2), 115(2), 329(4), 109 and 3(5) of the BNS. The petitioner applied for anticipatory bail, contending that he was falsely implicated, that the injuries were not serious, that there were no independent witnesses, and that the case involved a private dispute. The State opposed the bail, relying on the FIR, the injury report showing fractures and soft‑tissue damage, and the seriousness of the offences. The Court examined the medical report, the nature of the alleged offences, and the petitioner’s clean antecedents, and concluded that the seriousness of the injuries and the charge of intent to kill warranted denial of bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault and the nature of injuries.
- Whether the seriousness of the offences under the BNS justifies denial of anticipatory bail.
Legislation cited
- BNS — s. 109, 115(2), 126(2), 329(4), 3(5)
Subjects
- anticipatory bail
- assault
- grievous hurt
- BNS
- injury report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82077 of 2025
Arising Out of PS. Case No.-466 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Arjun Kumar, Male, aged about 23 years, Son of Shiv Nath Singh, Resident
of Chotki Magahiya, P.S.- Kateya, District – Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... .. Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Kateya P.S. Case No. 466 of 2025 instituted for the
offences punishable under Sections 126(2), 115(2), 329(4), 109
and 3(5) of the BNS.
3. As per allegation in the FIR, the petitioner assaulted
the informant and her daughter upon her head with iron dab
with an intention to kill her and the dispute is due to discharge
of drainage water.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He submits that the allegation against the petitioner is that
Patna High Court CR. MISC. No.82077 of 2025(3) dt.20-02-2026
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he assaulted the informant and his daughter with iron rod upon
his head but the injury report suggests that the injuries are
simple in nature. He further submits that there is no any
independent witness has supported the case of the prosecution
and the entire prosecution story is concocted and fabricated. He
next submits that there is case and counter case between the
parties. He lastly submits that the delay is of about three days
and there is no any plausive explanation in this regard.
Petitioner has got clean antecedent as stated in para 3 of the
petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR, case diary, injury report
and also perused the impugned order dated 19.09.2025 passed
by the learned District and Additional Sessions Judge-Ist,
Gopalganj, it appears that on the basis of fardbeyan of the
informant, namely, Suresh Singh, FIR has been registered under
Sections 126(2), 115(2), 329(4), 109 and 3(5) of the BNS
against the five co-accused persons including the present
petitioner and the allegation against the petitioner is that he
assaulted the informant and her daughter on the head with iron
dab with an intention to kill her. From perusal of the injury
Patna High Court CR. MISC. No.82077 of 2025(3) dt.20-02-2026
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report, it also appears that the injuries upon the injured are
Extracalvarial soft tissue, thickness in the left Parietooccipital
region, Bilateral Maxillary sinus Mucosol thickening,
Pericranial fracture and soft tissue in the left frontal pareital
region consistent with trauma, fracture of the right nasal bone,
Bilateral paranasal sinusitis involving maxillay, ethmoid and
frontal sinuses, some injuries are grievous and some are simple
in nature, caused by hard and blunt substance, so considering
the aforesaid facts and circumstances of the case and
submissions of learned counsel for the petitioner as well as
involvement of the petitioner in the alleged commission of
offence, I am not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, the application stands rejected.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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