Patna High Court
Rajiv Kumar @ Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Petitioner Rajiv Kumar sought anticipatory bail fearing arrest in a case (PS No. 486 of 2025) alleging assault on two persons under several sections of the B.N.S. The prosecution alleged that the petitioner assaulted the victims, causing injuries that required hospital treatment. The petitioner claimed innocence, stating he was falsely implicated, though he has one prior criminal record. The State opposed the bail application. Justice Sandeep Kumar, after considering the allegations, declined to grant anticipatory bail, finding the seriousness of the accusations warranted detention. Consequently, the anticipatory bail application was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the B.N.S. in view of the alleged assault and other charges
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- assault
- criminal case
- B.N.S.
- sections 126(2)
- sections 115(2)
- sections 109
- sections 303(2)
- sections 352
- sections 351(2)
- sections 351(3)
- sections 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88458 of 2025
Arising Out of PS. Case No.-486 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Rajiv Kumar @ Rajeev Kumar Son of Ashok Prasad @ Ashok Yadav R/o
village - Maanpur, P.S.- Ekangarsarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Ghoshi (Okri O.P.) P.S. Case No. 486 of 2025 instituted
under Sections 126(2), 115(2), 109, 303(2), 352, 351(2),
351(3), 3(5) of the B.N.S.
3. As per the prosecution case, petitioner is accused
of assaulting two persons in connection with a dispute, as a
result of which both sustained injuries and were subsequently
treated at P.M.C.H.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Petitioner has one criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.88458 of 2025(2) dt.15-01-2026
2/2
anticipatory bail of the petitioner.
6. Considering the allegations levelled against the
petitioner, I am not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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