Patna High Court
Haribir Bin @ Mahabir BinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted as the allegations of assault causing grievous injuries do not merit such relief.
Summary
The petitioners, three residents of Sanghata village, applied for anticipatory bail fearing arrest in a case registered under Sections 191, 126(2), 115(2), 118, 109, 303(2), 74, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 for alleged assault causing grievous injuries. The prosecution alleged that the petitioners assaulted several persons, while the petitioners contended that the incident was a free fight resulting in injuries. The High Court examined whether the seriousness of the alleged offences justified the grant of anticipatory bail. Finding that the allegations of assault and grievous injury were not conducive to anticipatory bail, the court dismissed the application. The petitioners were ordered to surrender within four weeks to seek regular bail, and the court clarified that its observations were limited to this application alone.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged assault and grievous injuries precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118, 126(2), 191, 303(2), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- grievous injury
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87108 of 2025
Arising Out of PS. Case No.-156 Year-2025 Thana- Geedha District- Bhojpur
======================================================
1. Haribir Bin @ Mahabir Bin S/o Adalat Bin Resident of Village - Sanghata,
P.S - Gidha, District - Bhojpur
2. Pintu Kumar S/o Adalat Bin Resident of Village - Sanghata, P.S - Gidha,
District - Bhojpur
3. Jatuli Bin S/o Adalat Bin Resident of Village - Sanghata, P.S - Gidha,
District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Gidha P.S. Case No. 156 of 2025 registered for offences under
Sections 191, 126(2), 115(2), 118, 109, 303(2), 74, 352, 351(2)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of assaulting various persons causing grievous injuries.
4. The learned counsel for the petitioners submits that
there was a free fight and in that the victims have sustained
injuries.
Patna High Court CR. MISC. No.87108 of 2025(2) dt.04-02-2026
2/2
5. Considering the direct allegation of assault against
these petitioner and the grievous injuries, this is not a fit case for
the grant of the anticipatory bail.
6. The application for anticipatory bail is, accordingly,
dismissed.
7. The petitioners are directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, if so advised, failing which the Superintendent of
Police, Bhojpur at Ara will take all steps for the arrest of the
petitioners.
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 petitioners at any
subsequent stage of the proceedings.
9. Let a copy of this order be communicated to the
Superintendent of Police, Bhojpur at Ara through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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