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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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