Dismissed¶¶27

Vishal Kumar v. The State of Bihar

Patna HC23 Jul 2026CR. MISC./35683/2026

Case brief

AI extract

What is this about?

Anticipatory bail rejected by Patna High Court (Chandra Shekhar Jha, J.) in Crl. Misc. No.35683 of 2026, order dt. 23-07-2026. Accused: Vishal Kumar and Amit Kumar @ Laddu (Saran district). FIR: Bhagwan Bazar P.S. Case No.459 of 2024 under BNS 2023 ss. 126(2), 115(2), 118(1), 117(2), 308(2), 303(2), 352, 3(5); cross-FIR Bhagwan Bazar P.S. Case No. 431 of 2024 cited as retaliation. Key grounds: assault with knife and iron rod, grievous injury (fractured rib), alleged intention to cause death, previous enmity; defence plea of medical contradiction (sharp-cut weapon opinion) not accepted. Counsel: Raj Shekhar (petitioners); APP: Anuj Kumar Shrivastava (State of Bihar).

What did the court decide?

This Court rejected the anticipatory bail application: the prayer of anticipatory bail of both petitioners stands rejected. ¶¶27

Vishal Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35683 of 2026

¶2

Arising Out of PS. Case No.-459 Year-2024 Thana- BHAGWAN BAZAR District- Saran

¶3

======================================================

¶4

Vishal Kumar Son of Ramnath Prasad R/O Station Road, behind Coolie Mandir, police-station- Bhagwan Bazar, District- Saran

¶5

AMIT KUMAR @ LADDU Son of Suraj Prasad R/O Station Road, behind Coolie Mandir, police-station- Bhagwan Bazar, District- Saran

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

¶10

====================================================== Appearance : For the Petitioners : Mr. Raj Shekhar, Adv. For the Opposite Party : Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

¶11

3 23-07-2026

¶12

Heard learned counsel for the petitioners and

¶13

learned Additional Public Prosecutor for the State.

¶14

Both accused/petitioners are named in the FIR

¶15

and apprehending their arrest in connection with Bhagwan

¶16

Bazar P.S. Case No.459 of 2024 registered under Sections 126(2), 115(2), 118(1), 117(2), 308(2), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’).

¶17

The allegation against the petitioner is to

¶18

assault informant along with other co-accused persons during the occurrence by using knife and iron rod causing head and bodily injury, having intention to cause death of

¶19

Patna High Court CR. MISC. No.35683 of 2026(3) dt.23-07-2026 2/3

¶20

informant, where the occurrence is alleged to be arising out of previous enmities.

¶21

It is submitted by learned counsel for the

¶22

petitioners that the present false case was lodged in retaliation of the case lodged by petitioners on the same day for the occurrence which took in early morning at about 7:00 A.M, for which, Bhagwan Bazar P.S. Case No. 431 of 2024 was lodged. Arguing further, it is submitted that the allegation against these petitioners is to assault informant by using iron rod causing injury upon chest, but the doctor upon medical examination opined categorically that injury no. 3 was caused by sharp cut weapons and, therefore, taking note of these major contradiction, it can be safely arrived on the conclusion that the case of prosecution is doubtful. Petitioners claimed clean antecedent.

¶23

Learned APP while opposing the prayer of bail submitted that the injury report as available categorically suggest that ribs bone of informant, upon medical examination, found fractured and was opined grievous. It is submitted that the petitioners were specifically alleged to

¶24

Patna High Court CR. MISC. No.35683 of 2026(3) dt.23-07-2026 3/3

¶25

assault on same body part of the injured informant.

¶26

In view of aforesaid factual submissions and by

¶27

taking note of fact as petitioners specifically alleged to cause grievous injuries to the informant by means of iron rod, accordingly, the prayer of anticipatory bail of both abovenamed petitioners stand rejected.

¶28

(Chandra Shekhar Jha, J.)

¶29

Aniket/-

Vishal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Geeta Devi Vs The State of Bihar

Jitnesh Kumar Vs The State of Bihar

Indrajeet Paswan Vs The State of Bihar

Anita Devi Vs State of Bihar and Anr.

Ramuchit Sah Vs The State of Bihar

Sanjay Singh Vs The State of Bihar and Anr.