Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner is alleged to be the assailant in a grave offence.
Summary
Raju Kumar petitioned for anticipatory bail after being named in an FIR for assaulting the informant's brother with an iron rod, resulting in death. The prosecution alleged that Raju, along with co‑accused Ashok Das, committed the assault, invoking Sections 126(2), 115(2), 109, 117(2), 3(5) and later 103(1) of the B.N.S. The petitioner claimed innocence, alleging a land dispute motivated false implication and highlighted his clean antecedents. The State and the informant opposed bail, emphasizing the specific accusations and the seriousness of the offence. The Court examined the gravity of the alleged crime and the petitioner’s alleged role as the assailant. Concluding that the seriousness of the charge outweighed any bail considerations, the Court rejected the anticipatory bail petition.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations of assault leading to death.
- Whether the gravity of the offence and the petitioner’s alleged participation preclude the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 117(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal law
- assault
- homicide
- B.N.S.
- gravity of offence
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82820 of 2025
Arising Out of PS. Case No.-361 Year-2024 Thana- DALSINGHSARAI District- Samastipur
======================================================
Raju Kumar S/O Ashok Das Resident of Village- Ballochak Pagra, P.S.
Dalsinghsarai, District Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Madhav Kumar, Advocate
For the State : Mr. Tapeshwar Sharma, APP
For the Informant : Mr. Mahendra Pratap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109, 117(2) and 3(5) of the B.N.S. and later on, Section
103(1) of the B.N.S. was added.
3. As per prosecution case, it is alleged that this
petitioner, along with co-accused Ashok Das, assaulted brother
of informant with iron rod due to which, he died during course
of treatment.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.82820 of 2025(2) dt.09-02-2026
2/2
committed no offence. There is admitted land dispute between
the parties due to which, petitioner has falsely been implicated
in this case. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner and submitted that petitioner is
named in the F.I.R. with specific accusation that he, along with
co-accused Ashok Das, assaulted brother of informant by means
of iron rod due to which, brother of informant died during
course of treatment.
6. Considering the facts and circumstances of the
case, fact that petitioner is assailant of the deceased and gravity
of offence, the prayer for grant of anticipatory bail to the
petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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