Patna High Court

Jyotish Kumar @ Azgar Kumar @ Ajagar KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: REJECTED
Bench: ALOK KUMAR SINHA

Holding

Anticipatory bail was denied because the petitioner was identified as the principal assailant and has multiple prior criminal convictions.

Summary

The petitioner, Jyotish Kumar, was implicated in a FIR alleging assault on an informant who was transporting labourers, resulting in injury to the informant's hand. The petitioner applied for anticipatory bail, claiming innocence and that the matter had been compromised out of court. The State opposed the bail, emphasizing the petitioner’s alleged role as the principal assailant and his five prior criminal antecedents. The court examined the FIR details, noting the seriousness of the alleged assault and the petitioner’s criminal history. Considering these factors, the court concluded that granting anticipatory bail would be inappropriate. Consequently, the anticipatory bail application was rejected.

Issues considered

Whether the petitioner is entitled to anticipatory bail in view of the alleged assault and his prior criminal antecedents.

Legislation cited

B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

anticipatory bail
assault
criminal antecedent
FIR
compromise
Section 126
Section 115
Section 352
Section 351
Section 118
Section 109
Section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87425 of 2025
                    Arising Out of PS. Case No.-277 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Jyotish Kumar @ Azgar Kumar @ Ajagar Kumar S/o Arvind Sardar Resident
                 of Village - Daparkha Ward No. 24, P.S - Triveniganj, District - Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kamal Kishore Singh, Adv
                 For the Opposite Party/s :      Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   23-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Triveniganj P.S. Case No. 277 of 2025, registered for the

                   offence punishable under Sections 126(2), 115(2), 352, 351(2),

                   118(1), 109(1), 3(5) of the B.N.S.

                                3. The case of the prosecution, in short, is that on

                   29.05.2025 at about 09:00 PM, when the informant was going to

                   drop his labours Arun Sardar, Chintu Sardar & Kalicharan

                   Sardar, the applicant accused Jyotish Kumar, Mahendra Kumar

                   & Shankar Kumar shouted upon the informant that they did not

                   want to see any person of Yadav Community and thereafter, the

                   applicant accused Jyotish Kumar Azgar assaulted him with
Patna High Court CR. MISC. No.87425 of 2025(3) dt.23-02-2026
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          ‘farsa’ by which his hand was injured and he fell down on the

          ground and became unconscious. Thereafter, his labours taken

          him to the Triveniganj Hospital where he got treatment.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. The petitioner has not committed any offence and

          there is no allegation of repeated blow by the petitioner on the

          informant. He further submits that due to intervention of

          relatives and well wishers of both the parties, matter has been

          compromised outside the Court and in this regard, a petition for

          granting leave to compromise and a petition of compromise has

          been filed.

                        5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                        6. From the reading of the FIR, it transpires that the

          main assailant is the petitioner, who is said to have assaulted

          with ‘farsa’ by which the hand of the informant was injured and

          he fell down on the ground, although the injury has been

          reported to be simple but also it is to be noted that the petitioner

          has five criminal antecedent. Under these circumstances, this

          Court is not inclined to grant privilege of anticipatory bail to the

          petitioner.
              Patna High Court CR. MISC. No.87425 of 2025(3) dt.23-02-2026
                                                          3/3




                                     7.   Accordingly,          the   present   anticipatory   bail

                        application stands rejected.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T

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