Patna High Court

Sangam Kumar GuptaversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail was denied as the allegations of assault causing grievous injury were substantiated.

Summary

The petitioner, Sangam Kumar Gupta, applied for anticipatory bail in a case where he was alleged to have assaulted the mother and brother of an informant with an iron rod, causing injuries including a grievous injury to the brother. The FIR listed offences under several sections of the Bhartiya Nyaya Sanhita, and the petitioner claimed the dispute stemmed from a land disagreement and that the injuries to the mother were simple. The petitioner also argued that the FIR did not specifically allege his involvement in assaulting the brother and that he had filed a counter‑case. The court examined the FIR and found specific allegations against the petitioner for assaulting both victims, with medical evidence confirming grievous injury to the brother. Concluding that the seriousness of the allegations warranted denial of bail, the court dismissed the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the allegations of assault causing grievous injury under the Bhartiya Nyaya Sanhita.

Legislation cited

Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 329(3), 3(5), 352

Subjects

anticipatory bail
assault
grievous injury
land dispute
criminal procedure
Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89260 of 2025
                      Arising Out of PS. Case No.-162 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sangam Kumar Gupta S/o- Sureshwar Prasad Gupta @ Suresh Sah Village -
                 Tarwa Mangarpal, PS - Dariapur, District - Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar
                 For the Opposite Party/s :       Mr. Ram Naresh Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Dariapur Police Station Case No. 162 of 2025, dated

                            31.03.2025,       disclosing        offences      under       Sections

                            329(3)/126(2)/115(2)/117(2)/109/303(2)/352/3(5) of the

                            Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 28.03.2025, at about 08:30 PM in the morning,

                            the petitioner, along with other accused persons, arrived

                            at the house of the informant and started abusing. The

                            petitioner assaulted the mother of the informant by means

                            of iron-rod due to which she sustained injury on her head

                            and hands and also assaulted the informant’s brother,
Patna High Court CR. MISC. No.89260 of 2025(2) dt.15-01-2026
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                  namely, Ravi Kumar Gutpa, who sustained serious injury.

              4. Learned Counsel for the petitioner submits that both the

                  parties are co-sharer and there is land dispute between

                  them. The injury sustained by the informant’s mother is

                  simple in nature and the informant’s brother has sustained

                  grievous injury. He next submits that in the First

                  Information Report there is no specific allegation against

                  the petitioner that he assaulted the brother of the

                  informant also. He further submits that counter-case,

                  bearing Dariyapur Police Station Case No. 178 of 2025,

                  has also been lodged by the side of the petitioner on

                  07.04.2025.

              5. I have heard learned counsel for the parties and have gone

                  through the materials available on record, including the

                  impugned order.

              6. From perusal of the First Information Report, it appears

                  that there is specific allegation against the petitioner that

                  he assaulted the informant’s mother and brother. The

                  brother of informant has sustained multiple injuries and

                  the doctor has opined that the injury caused to the

                  informant’s brother is grievous in nature, accordingly, I

                  am not inclined to grant the petitioner privilege of
            Patna High Court CR. MISC. No.89260 of 2025(2) dt.15-01-2026
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                              anticipatory bail.

                          7. This application is, accordingly, dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T

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