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2026 Supreme(Online)(Pat) 2901

PATNA HIGH COURT
HARISH KUMAR, J
Panchu Thakur – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.66897 of 2025



Advocates:
For the Petitioner/s: Mr.Jeetendra Narayan
For the Respondent/s: Mr.Shyam Kumar Singh

The court refused anticipatory bail due to serious injury allegations, allowing for future bail consideration upon surrender.

Headnote:Statute analysis reveals offenses punishable under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 352, and read with Section 3(5) of the BNS, 2023. The petitioner's apprehension of arrest arises from a panchayati dispute, where he allegedly assaulted the informant's husband. The court found the prior criminal record of the petitioner non-existent and accepted his claim of acting in a fit of rage. However, the state opposed bail, citing the seriousness of injuries caused. The ruling denied anticipatory bail but permitted the petitioner to seek bail upon surrendering within four weeks.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

4 21-01-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Ishuapur P.S. Case No. 139 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 352, read with Section 3(5) of the BNS , 2023.

3. While the dispute was being resolved in a panchyati, allegedly this petitioner started abusing and on protest, he assaulted the husband of the informant over his neck his rescue, he was also assaulted by the petitioner over his head allegedly the occurrence took place in the morning of

15.07.2025, but the present FIR came to be instituted on 17.07.2025. Moreover, the genesis of occurrence is a previous dispute which resulted into some scuffle leading to unfortunate injuries. The fair antecedent of the petitioner clearly suggests that he is not a man of criminal antecedent and the occurrence took place in a fit of rage, even if for the sake of argument, it is accepted that it is the petitioner, who assaulted the informant’s husband and cousin the informant’s husband. It is next contended that there is counter version of the present case being Complaint Case No. 1813 of 2025 instituted by the wife of the petitioner against the informant and others. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the counter case is nothing but an after thought which was been instituted on 22.07.2025. Moreover, two persons have sustained injuries on account of the assault being made by the petitioner, out of which one of the injury has been found to be grievous in

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the specific accusation against the petitioner of causing assault and two of the persons , out of which one has sustained grievous injury, this Court is not acceded to the prayer for grant of anticipatory bail of the petitioner. Accordingly the same stands rejected.

7. However, if the petitioner surrenders within four weeks, the jurisdictional court shall consider the prayer for bail of the petitioner without being prejudiced by the order of this Court taking note of the aforesaid submissions led by the (Harish Kumar, J)

Anjani/- U T

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