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Patna High Court

Praful Kumar Raut @ Praful RautversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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


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