Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41828 of 2026 Arising Out of PS. Case No.-465 Year-2025 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Pravesh Kumar, Son of Bhagirath Prasad, Resident of Village-Chaurasiya, Rambazar Majhwe, P.S.- Hishua, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP For the Complainant :

Mr. Bibhuti Ranjan Sonvadra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 Heard the parties.

2. The accused/petitioner is named in the complaint and apprehending his arrest in connection with Complaint Case No.465 of 2025 in which cognizance has been taken for the offences punishable under Sections 316

(2) and 318(2) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').

3. It is a private complaint arising out of land dispute, where summon was issued by the Court.

4. Considering the legal ratio of Hon'ble Supreme Court as available through Om Prakash Chhawnika @ Om Prakash Chabnika vs. State of Jharkhand and Another

Patna High Court CR. MISC. No.41828 of 2026(2) dt.01-07-2026 2/2 [2026 SCC OnLine SC 676], as police has no power to arrest in the case of private complaint subject to exception of Section 87 of the CrPC, accordingly, the prayer of anticipatory bail as preferred by the petitioner stands rejected, being not maintainable in want of apprehension of arrest.

(Chandra Shekhar Jha, J.) Sanjeet/- U T