Patna High Court
Patiram Bhakt @ Patiram BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is denied where the accused is alleged to have caused grievous injuries, but may be granted where only simple injury is alleged.
Summary
The petitioners Patiram Bhakt, Anil Bhagat and Sujit Bhagat sought anticipatory bail in a case (Siswan P.S. Case No. 308 of 2025) alleging they assaulted the informant and his relatives, causing both simple and grievous injuries under several provisions of the Bhartiya Nayay Sanhita, 2023. The informant’s FIR described assaults with weapons resulting in injuries, including a grievous injury to Prashant Kumar Sahi and the death of Sanju Devi. The petitioners argued the FIR was exaggerated, stemming from a land dispute, and cited a prior coordinate bench decision granting relief in a similar matter. The court examined the medical report confirming grievous injuries to petitioners 1 and 2 and noted that simple injuries were recorded against petitioner 3. Consequently, the court rejected anticipatory bail for petitioners 1 and 2 but granted bail to petitioner 3, Sujit Bhagat, subject to conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted to accused persons when the FIR records grievous injuries.
- Whether the presence of simple injuries alone justifies granting anticipatory bail.
- Whether a prior coordinate bench decision in a similar case is binding on the present petition.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- grievous injury
- simple injury
- land dispute
- criminal antecedent
- Bhartiya Nayay Sanhita
- Section 438
- criminal miscellaneous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89463 of 2025
Arising Out of PS. Case No.-308 Year-2025 Thana- SISWAN District- Siwan
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1. Patiram Bhakt @ Patiram Bhagat S/O Late Palai Bhakt R/O Village- Jellor
Shaheb Ki Mathiya, P.S- Siswan, District- Siwan.
2. Anil Bhagat @ Anil Kumar @ Anil Bhakt S/O Patiram Bhakt R/O Village-
Jellor Shaheb Ki Mathiya, P.S- Siswan, District- Siwan.
3. Sujit Bhagat @ Sujit Kumar Bhakt @ Sujit Bhakt S/O Pramatma Bhakt R/O
Village- Jellor Shaheb Ki Mathiya, P.S- Siswan, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
For the Informant : Mr. Satyapal Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-01-2026 Heard Mr. Anil Kumar Singh, learned counsel for the
petitioners and Mr. Satyapal Singh, representing the informant
beside Mr. Bharat Bhushan, learned APP.
2. The petitioners are apprehending arrest in
connection with Siswan P.S. Case No. 308 of 2025 instituted
under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 352,
351(2), 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on
31.08.2025 by the informant, Rajiv Kumar Sahi.
3. As per the prosecution story, the informant alleged
that the accused persons armed variously came to their place
and started abusing them. On protest, the allegation is that
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Sushil Bhakt armed with Farsa assaulted the informant causing
injury on his head. Further, when the informant raised alarm and
his cousin brothers, Anil Kumar Singh and Prashant Kumar Sahi
came to the rescue, allegation is that Patiram Bhakt (petitioner
no.1) alongwith Patiram Bhakt gave Farsa blow to him causing
injury on his head.
4. Further, Sushil Bhakt, Anil Bhakt also assaulted
Prashant Sahi causing injury on his nose. In the meantime, Sujit
Bhagat (petitioner no.3) armed with ‘Bhala’ gave injury on his
leg. Sanju Devi (since deceased) gave Chapar blow causing
injury making the injured who fell down.
5. Further, allegation is against Deepak Bhakt of
giving ‘Khanti’ blow to the informant. On alarm, Sanjiv Kumar
Sahi, Shivam Kumar Sahi, Nandan Singh and Pravin Bhushan
Shahi came to their rescue when the allegation against Neha
Kumari is of pelting stones causing injuries to them.
6. Bhrigunath Singh assaulted Sanjiv Kumar Sahi
while Sushil Bhakt assaulted with Farsa causing injury on his
head beside other parts of the body. The allegation against Anil
Bhakt is of giving Farsa blow on the neck and Deepak Bhakt
gave ‘Khanti’ blow to Pravin Bhushan. This led to the FIR.
7. Learned counsel for the petitioners, Mr. Anil
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Kumar Singh submit that there is case and counter case and
unfortunately, one of the accused named by the informant in the
present case, Sanju Devi died of the injuries which shows how
the exaggerated FIR has been lodged. Further, both the parties
are villagers and the due to land dispute, the fight took place in
which though one of the family members, Sanju Devi died of
the injury, the accused in the case lodged by the petitioners’ side
got relief by a coordinate bench in Cr. Misc. No. 88174 of 2025
(Shivam Sahi & Ors. vs. the State of Bihar) on the ground
that both sides have suffered simple/grievous injury.
8. Learned APP as also learned counsel for the
informant on the other hand have jointly taken this Court to the
injuries sustained by Prashant Kumar Sahi as recorded in the
order-sheet of the learned Sessions Judge to show that the
injuries recorded by the Medical Officer fully corroborates the
FIR inasmuch as he got injury on the nose as also the scalp and
shoulders and the Doctor opined the injuries on nose to be
grievous in nature. The submission is that simply because
simple and grievous injuries have been recorded that cannot be
the ground to grant relief when these petitioners have criminal
antecedent.
9. This Court has gone through the facts of the case
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and the submissions put forward by the parties, unfortunate
incidennt has taken place in which both sides have suffered
simple/grievous injuries and the petitioners’ side have even lost
one of the female inmate, Sanju Devi who is named in this FIR.
10. This Court has also taken note of the order passed
by the coordinate bench in Shivam Sahi (supra) but that cannot
be a ground to grant relief in the present case to those against
whom allegation is grievous. Injury report of Prashant Kumar
Sahi shows the injury on the nose and scalp and one of the
injury has been found to be grievous.
11. So far as the injuries on the nose/scalp which has
been recorded by the Medical Officer of the Referral Hospital
Siswan (Siwan) is concerned, considering the vital part where
the attack took place on him, no relief can be granted to Patiram
Bhakt (petitioner no.1) and Anil Bhagat (petitioner no.2)
respectively. The anticipatory bail against them is rejected.
12. So far as the petitioner no.3, Sujit Bhagat @
Sujit Kumar Bhakt is concerned, allegation of assault is on the
leg and the same has been found to be simple in nature. Taking
into account the aforesaid facts, this Court is inclined to extend
relief to the petitioner no.3, Sujit Bhagat @ Sujit Kumar Bhakt.
13. Let the petitioner no.3, Sujit Bhagat @ Sujit
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Kumar Bhakt be released on bail, in the event of his arrest or
surrender before the concerned court within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each in connection with Siswan P.S. Case No. 308 of
2025 to the satisfaction of learned A.C.J.M.-VII, Siwan subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the no.3, Sujit Bhagat @ Sujit Kumar Bhakt
who shall provide official document (Aadhar Card/Driving
License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the no.3, Sujit Bhagat @ Sujit Kumar Bhakt shall
appear on each and every date before the Trial Court and failure
to do so for two consecutive dates without plausible reason will
entail cancellation of his bail bond by the Trial Court itself;
(iii) the no.3, Sujit Bhagat @ Sujit Kumar Bhakt shall
in no way try to induce or promise or threat the witnesses or
tamper with the evidences, failing which the State shall be at
liberty to take steps for cancellation of the bail bonds;
(iv) the no.3, Sujit Bhagat @ Sujit Kumar Bhakt shall
desist from committing any criminal offence again, failing
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which the State shall be at liberty to take steps for cancellation
of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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