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Patna High CourtCR. MISC./16026/2026dismissed

Praveen Kumar v. The State Of Bihar

2026-06-17Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16026 of 2026 Arising Out of PS. Case No.-376 Year-2025 Thana- SARAIYA District- Muzaffarpur ====================================================== Praveen Kumar son of Lutan Raay Resident of Village -Rajarampur PS -Saraiya, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bipin Chandra, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-06-2026 Heard Dr. Bipin Chandra, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 376 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 303(2) and 352 read with section 3(5) of the BNS.

3. The allegation against the petitioner is of causing assault by means of iron rod over the head of the informant due to which she sustained grievous injury.

4. Learned Advocate for the petitioner taking this Court through the FIR contended that the alleged occurrence took place on 27.06.2025 but the present FIR came to be instituted on 03.07.2025, after a delay of six days and no proper

Patna High Court CR. MISC. No.16026 of 2026(4) dt.17-06-2026 2/3 explanation has been given. It is further contended that only on account of the fact that four teeth have been broken on account of assault being made, the injury has been termed to be grievous, however, the same has occurred on account of a free fight. The petitioner is said to be a man of fair antecedent.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the informant had only tried to intervene between the members of two groups but she was brutally assaulted by this petitioner due to which she sustained a grievous injury below her eye and jaw. So far the delay is concerned, it is submitted that since the informant was under her treatment at SKMCH, Muzaffarpur and when she regained consciousness, the present FIR came to be instituted.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the petitioner is the author of the grievous injury and the delay has been explained properly, this Court is not inclined to extend the prayer for anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail to the petitioner stands rejected.

7. However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.16026 of 2026(4) dt.17-06-2026 3/3 court below, preferably within a period of four weeks from today, his prayer for bail shall be considered without being prejudiced by the order of this Court.

(Harish Kumar, J) Anjani/- U T