Patna High Court
Vishal kumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117, 118(1), 126(2), 303(2), 3(5), 351(2), 352
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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