Patna High Court
Praful Kumar Raut @ Praful RautversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the allegations were specific, the injuries were grievous, and the FIR delay did not justify bail.
Summary
The petitioner, Praful Kumar Raut, applied for anticipatory bail after learning that an FIR had been lodged against him for allegedly assaulting an informant with an iron rod, causing grievous injuries. He argued that the FIR was filed after an inordinate delay of more than a month and that there was no plausible explanation for the delay, contending that the prosecution case was doubtful and that he has a clean antecedent. The State opposed the bail, emphasizing that the petitioner is specifically named in the FIR and that a doctor has confirmed the grievous nature of the injuries caused. The Court examined the specific and direct nature of the accusation, the seriousness of the injuries, and the delay in filing the FIR, and concluded that these factors warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the specific accusations and delay in filing the FIR?
Legislation cited
- B.N.S. — s. 109, 115, 126, 3, 303, 351, 352
Subjects
- anticipatory bail
- FIR delay
- assault
- grievous injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8766 of 2026
Arising Out of PS. Case No.-511 Year-2025 Thana- BANKA District- Banka
======================================================
Praful Kumar Raut @ Praful Raut S/o Bamabhadur Raut Resident Of Village-
Rainia, PS- Banka, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ravi Prakash Dwivedi, Advocate
For the State : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109(1), 303(2), 351(2), 352 and 3(5) of the B.N.S..
3. As per F.I.R., this petitioner is alleged to have
assaulted informant with iron rod.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. The present F.I.R. has been lodged after
inordinate delay of more than one month and there is no
plausible explanation for the same, which itself makes the entire
prosecution case doubtful. As a matter of fact, the alleged
incident took place at the spur of moment. Petitioner claims
Patna High Court CR. MISC. No.8766 of 2026(3) dt.22-04-2026
2/2
clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that he assaulted informant with
iron rod. Doctor has found the injuries, caused by this petitioner,
grievous in nature.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and nature of
injuries allegedly caused by this petitioner, the prayer for grant
of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…