Patna High Court
VISHWAJEET KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied anticipatory bail, holding that the petitioner does not deserve such relief given the seriousness of the allegations.
Summary
Vishwajeet Kumar applied for anticipatory bail fearing arrest in a case (PS No. 398 of 2025) involving offences under Sections 115(2), 126(2), 118(1), 317(2), 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, where he is alleged to have assaulted a victim with a stick causing a grievous fracture. The prosecution argued the seriousness of the alleged assault. The Patna High Court examined whether the petitioner merited the privilege of anticipatory bail. Considering the gravity of the allegations, the Court held that anticipatory bail was not warranted. The application for anticipatory bail was rejected, and the petitioner was ordered to surrender within two weeks and seek regular bail, with a warning that the police may arrest him if he fails to comply.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault causing grievous hurt under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 303(2), 317(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- grievous hurt
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90882 of 2025
Arising Out of PS. Case No.-398 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Vishwajeet Kumar S/O Karu Saw R/O Vill - Marhpo, P.S.- Kawakol, Distt.-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
Mr. Rajnish Kumar, Advocate
Ms. Sweta, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kawakol P.S. Case No. 398 of 2025 registered for offences
under Sections 115(2), 126(2), 118(1), 317(2), 303(2), 351(2),
352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner and
others are said to have assaulted the victim with stick (lathi)
causing fracture which has been found to be grievous.
4. Considering the allegations levelled against the
petitioner, this court is of the considered opinion that petitioner
does not deserve the privilege of anticipatory bail in the present
case.
Patna High Court CR. MISC. No.90882 of 2025(2) dt.28-01-2026
2/2
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Nawada will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Nawada through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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