Prince Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5373 of 2026 Arising Out of PS. Case No.-239 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Prince Patel Son of Sanjay Patel Resident of village - Jaltoli, PsDumariaghat, Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sagar Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Dumariaghat P.S. Case No. 239 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case, in brief, is that on 13.08.2025 at about 09:00 PM the accused persons, namely Prince Patel (petitioner), Vivek Patel and Vinod Patel, with pre-concerted intention trespassed into the house of the informant, assaulted him with danda, rod and knife causing serious abdominal injury and extended threats to kill him and his family. 4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5373 of 2026(2) dt.03-02-2026 2/2 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner bears clean antecedent. As per FIR, petitioner allegedly assaulted the informant by means of knife and injury is found to be simple in nature. Other co-accused has been granted bail by this Court vide order dated 17.11.2025, passed in Cr. Misc. No. 76921 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, there being direct allegation against the petitioner of giving knife blow to the informant, this Court is not inclined to enlarge the petitioner on anticipatory bail. Prayer for anticipatory bail is hereby rejected. 7.

However, if the petitioner surrenders before the court below within a period of six weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) Raj Kishore/- U T