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Patna High Court

Vishal kumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the court found the nature and gravity of the offences did not justify the privilege.

Summary

Vishal Kumar applied for anticipatory bail in a criminal case (Taraiya P.S. Case No. 149 of 2025) where he is charged under several sections of the Bharatiya Nyaya Sanhita, 2023 for assault causing grievous injury. The prosecution alleges that he fractured the victim's nose and also injured the victim's father. The petitioner argued that the injury to his father warranted anticipatory bail. The court examined the nature and gravity of the offences and concluded that the petitioner does not merit the privilege of anticipatory bail. Consequently, the application was rejected, and the petitioner was ordered to surrender within two weeks and seek regular bail, with the police directed to arrest him if he fails to do so.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • grievous injury
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87107 of 2025
                        Arising Out of PS. Case No.-149 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Vishal kumar Son of Birendra Sah R/o Village - Moreya, P.S. - Panapur, Dist.
                 - Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Harsh Anuj
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, APP
                                                   Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Taraiya P.S. Case No. 149 of 2025 registered for offences under

                   Sections 126(2), 115(2), 118(1), 117, 109, 352, 351(2), 303(2)

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim causing grievous injury i.e.,

                   fracture of nose.

                                4. It has been contended by the learned counsel for the

                   petitioner that the father of the petitioner has also sustained

                   injury, therefore, the petitioner should be granted anticipatory

                   bail even though he is alleged to have assaulted the victim
            Patna High Court CR. MISC. No.87107 of 2025(2) dt.04-02-2026
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                      causing grievous injury.

                                   5. Considering the nature and gravity of offence, this

                      court is of the considered opinion that petitioner does not

                      deserve the privilege of anticipatory bail in the present case.

                                   6. Accordingly, the application for anticipatory bail

                      stands rejected.

                                   7. The petitioner is directed to surrender in the court

                      below within a period of two weeks from today and seek regular

                      bail, if so advised, failing which the Superintendent of Police,

                      Saran at Chapra will take all steps for the arrest of the petitioner.

                                   8. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

                                   9. Let a copy of this order be communicated to the

                      Superintendent of Police, Saran at Chapra through FAX for its

                      compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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