Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to petitioners 1 and 2 but denied to petitioner 3.
Summary
The petitioners, three residents of Raghopur Pashchami, applied for anticipatory bail after an FIR alleged that petitioners 1 and 2 assaulted an informant with an iron rod causing simple injuries, while petitioner 3 assaulted the informant’s brother causing grievous injury. The case involved offences under several sections of the Bharatiya Nyaya Sanhita. The court examined whether anticipatory bail could be granted given the nature of the offences and the severity of injuries, applying the discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. It held that anticipatory bail could be granted to petitioners 1 and 2 but must be refused for petitioner 3 due to the grievous nature of the injury caused. The court ordered bail for petitioners 1 and 2 upon surrender, subject to a bond and sureties, and denied bail to petitioner 3.
Issues considered
- Whether anticipatory bail should be granted to the accused under the provisions of the Bharatiya Nyaya Sanhita and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the severity of injury (simple vs grievous) influences the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 190, 191(1), 191(3), 303(2), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- grievous injury
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83899 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- JURAWANPUR District- Vaishali
======================================================
1. Satish Kumar Son of Vikash Kumar @ Vikash Kumar Ray Resident of
Village -Raghopur Pashchami PS -Jurawanpur District -Vaishali at Hajipur
2. Mukesh Kumar son of Prabhash Rai @ Sukkan Rai Resident of Village
-Raghopur Pashchami PS -Jurawanpur District -Vaishali at Hajipur
3. Avinash Kumar Rai @ Avinash Rai son of Late. Prakash Chandra Rai @
Teman Rai Resident of Village -Raghopur Pashchami PS -Jurawanpur
District -Vaishali at Hajipur
4. Ravi Kumar @ Ravi Rai son of Late. Prakash Chandra Rai @ Teman Rai
Resident of Village -Raghopur Pashchami PS -Jurawanpur District -Vaishali
at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sudha, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
For the Informant : Mr. Ritesh Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-03-2026 Pre-arrest bail application with regard to petitioner no.
4 has already been withdrawn vide Order no. 2 dated
06.01.2026.
2. Heard learned counsel for the petitioners, informant
and the State.
3. Petitioner nos. 1 to 3 apprehend arrest in a case
registered for the offences punishable under Sections 190,
191(1), 191(3), 115(2), 118(2), 126(2), 109, 74, 303(2), 352,
351(2) of the Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.83899 of 2025(3) dt.17-03-2026
2/2
4. As per F.I.R., petitioner nos. 1 and 2 assaulted
informant with iron rod and petitioner no. 3 assaulted brother of
the informant by means of iron rod. Injuries caused by petitioner
nos. 1 & 2 are simple in nature while injury caused by petitioner
no. 3 is grievous.
5. In view of the fact that petitioner No. 3 caused
grievous injury, prayer for anticipatory bail of petitioner No.
3 is refused.
6. However, considering the nature of accusation and
injuries, the anticipatory bail with regard to petitioner Nos. 1,
2 is allowed and it is ordered that the above named petitioner
Nos. 1, 2 in the event of their arrest/surrender before the court
below within a period of eight weeks from today, be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Vaishali at Hajipur in connection with
Jurawanpur P. S. Case No. 142 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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