Patna High Court
Sanjeev Kumar Ray @ Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is not granted as the injury to the victim is grievous.
Summary
The petitioners, Sanjeev Kumar Ray and Vikash Kumar Ray, applied for anticipatory bail fearing arrest in a case (PS‑Musrigharari Case No.66 of 2025) alleging assault under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that the accused had assaulted the victim, causing grievous injuries. The petitioners contended they had not assaulted anyone and possessed a clean antecedent. The court examined the seriousness of the injury and concluded that the circumstances did not warrant anticipatory bail. Consequently, the application was dismissed and the petitioners were ordered to surrender within four weeks to seek regular bail, failing which the police would arrest them.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged assault and grievous injury to the victim under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 127(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- grievous injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83668 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
1. Sanjeev Kumar Ray @ Sanjeev Kumar S/o- Sundeshvar Ray Village-
Barhatta PS-Musrigharari Distt- Samastipur
2. Vikash Kumar Ray @ Vikash Kumar S/o- Raju Ray @ Raju Kumar Ray
Village- Barhatta PS-Musrigharari Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Musrigharari P.S. Case No. 66 of 2025 instituted under
Sections 126(2), 127(2), 115(2), 118(1), 109, 352, 351(2), 3(5)
of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, accused persons have
assaulted the victim
4. Learned counsel for the petitioners submits that
the petitioners have not assaulted anyone. Petitioners have
clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.83668 of 2025(5) dt.13-03-2026
2/2
for anticipatory bail of the petitioners.
6. Considering the fact that the injury sustained by
victim is grievous in nature, this is not a fit case for grant of
anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioners is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Samastipur will take all steps for
arrest of the petitioners.
9. Let a copy of this order be communicated to the
Superintendent of Police, Samastipur through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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