Patna High Court
Satyendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the nature of the alleged assault and the grievous injuries warranted custody.
Summary
The petitioner, Satyendra Prasad, filed an anticipatory bail application fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109(1), 74, 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleges that he repeatedly assaulted an informant with an iron rod, causing grievous injuries to the head and back. The petitioner argued that he should be released on anticipatory bail pending trial. The Court examined the seriousness of the alleged offences and the nature of the injuries inflicted. Considering the gravity of the assault and the resultant grievous injury, the Court rejected the petition for anticipatory bail, ordering that the petitioner remain in custody.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bhartiya Nyaya Sanhita.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352, 74
Subjects
- anticipatory bail
- assault
- grievous injury
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9356 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Satyendra Prasad Son of Late Chhangur Bhagat Resident of Village-
Kuchaikote, P.S.- Kuchaikote, District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indrajeet Bhushan
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 30-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in Kuchaikote
P.S. Case No. 446 of 2025, registered for offence under Sections
126(2), 115(2), 118(1), 109(1), 74, 352 & 3(5) of Bhartiya
Nyaya Sanhita, 2023.
3. As per F.I.R., this petitioner repeatedly assaulted on
the head and back of informant with iron rod, as a result of
which, informant sustained grievous injury.
4. Considering the nature of injury, the prayer for
anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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