Patna High Court

Abhishek Kumar @ Rocky BhaiversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Abhishek Kumar and Pannalal Kumar Patel, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 308(5), 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023, alleging assault on an informant, attempted use of a knife and looting of Rs. 40,500. The FIR identified them based on villagers' testimony and noted that petitioner No.1 has two prior criminal convictions. The court examined the seriousness of the alleged offences and the petitioners' criminal antecedents. Considering the nature of the accusations and the prior record, the court found no sufficient ground to grant anticipatory bail. Consequently, the application for anticipatory bail was rejected.

Issues considered

Whether the petitioners are entitled to anticipatory bail given the nature of the offences alleged under the B.N.S., 2023?
Whether the petitioners' prior criminal antecedents justify denial of anticipatory bail?

Legislation cited

B.N.S., 2023 — s. 126(2), 308(5), 3(5), 351(2), 351(3), 352

Subjects

anticipatory bail
criminal antecedent
assault
robbery
B.N.S. 2023
bail denial

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.8461 of 2026
                          Arising Out of PS. Case No.-243 Year-2025 Thana- GOGRI District- Khagaria
                    ======================================================
              1.     Abhishek Kumar @ Rocky Bhai S/O Phulen Rai Resident of Village-
                     Katghara, Ward No. 12, P.S- Gogari, Distt.- Khagaria.
              2.     Pannalal Kumar Patel S/O Prabhakar Patel Resident of Village- Katghara,
                     Ward No. 9, P.S- Gogari, Distt.- Khagaria.
                                                                              ... ... Petitioner/s
                                                        Versus
                    The State of Bihar
                                                                       ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Jai Kishor Poddar
                    For the Opposite Party/s :       Mr.Raj Ballabh Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      23-02-2026                    Heard learned counsel for the petitioners and learned

                      A.P.P for the State.

                                   2. The petitioners apprehend their arrest in Gogari P.S.

                      Case No. 243/2025, registered for offence punishable under

                      Sections 126(2), 308(5), 352, 351(2), 351(3), 3(5) of the B.N.S.,

                      2023.

                                   3. As per F.I.R., petitioners along with one co-accused

                      assaulted informant and on the point of knife, looted Rs.

                      40,500/- from him (informant). Petitioners were identified by

                      villagers. Petitioner no. 1 has got two criminal antecedent.

                                   4. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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