IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22049 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1. Mantun Kuwar @ Mantun Kumar S/o Kailash Kuwar R/O Vill.- Badhauna, Ward no. 11, P.S.- Vidyapati Nagar, Dist.- Samastipur. 2. Kailash Kuwar S/O Late Padum Kuwar R/O Vill.- Badhauna, Ward no. 11, P.S.- Vidyapati Nagar, Dist.- Samastipur. 3. Shobha Kumari @ Shobha Devi W/O Gulshan Kuwar R/O Vill.- Badhauna, Ward no. 11, P.S.- Vidyapati Nagar, Dist.- Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lovekush Kumar, Advocate For the Opposite Party/s : Mr. Aaruni Singh, Advocate For the State : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 23-07-2025 Heard Mr. Lovekush Kumar, learned counsel for the petitioners, Mr. Aaruni Singh, learned counsel for the informant and Mr. Satyendra Prasad, learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Vidyapati Nagar P.S. Case No.131 of 2024 for the offence under Sections 126(2), 115(2), 117(2), 109(1), 352, 351(2) of the Bharatiya Nyaya Sanhita 2023 lodged on 22.09..2024 by the informant, Santosh Kumar Kuwar. 3. As per the prosecution story, the informant lodged Patna High Court CR. MISC. No.22049 of 2025(3) dt.23-07-2025 2/4 in the private hospital, lodged the F.I.R. stating that due to minor dispute relating to installing of bamboos and to complete the plastering of the backside the newly built house, the accused persons came armed variously and assaulted them. The allegations is that petitioner No.1 Mantun Kumar gave iron blow on the head of the informant while petitioner No.2, Kailash Kuwar, gave garansa blow causing injury on the thumb. Another accused Gulshan Kuwar (not before this Court) gave knife blow causing injury in the left abdomen of his elder brother Rakesh Kuwar. Petitioner No.3, Shobha Devi gave iron blow again assaulting Rakesh Kuwar, due to which he fell down. Further allegation is against Kamal Mukhi Devi/Priyanka Devi of assaulting the elder brother Rakesh Kuwar. The villagers took them to a primary hospital, Vidyapati Nagar and thereafter, were referred to Sadar Hospital, Samastipur, and finally they reached a private hospital, thereafter, the F.I.R. was filed. 4. Learned counsel for the petitioners submits that there is case and counter case, evenly implicate all the family members and allegations have been levelled. Further, a perusal of the earlier report of the primary health center would show that opinion was reserved and later, they went to the private Patna High Court CR. MISC. No.22049 of 2025(3) dt.23-07-2025 3/4 hospital and managed the report, which records it to be grievous. He has taken this Court to Section 116 of the Bharatiya Nyaya Sanhita 2023 (hereinafter referred to as ‘the B.N.S., 2023’) which reads as follows:- 116. Grievous hurt.—The following kinds of hurt only are designated as “grievous”, namely:— (a) Emasculation; (b) Permanent privation of the sight of either eye; (c) Permanent privation of the hearing of either ear; (d) Privation of any member or joint; (e) Destruction or permanent impairing of the powers of any member or joint; (f) Permanent disfiguration of the head or face; (g) Fracture or dislocation of a bone or tooth: (h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits. (emphasis added) 5. He submits that none of the kinds of hurt designated under the heading ‘grievous’ can be attributed to the present assault against the petitioners. 6. Learned counsel for the informant, Mr. Aaruni Singh as well as learned APP for the State opposes the prayer and has taken this Court to the subsequent hospital report to show that the injuries to all the injured have been found to be Patna High Court CR. MISC. No.22049 of 2025(3) dt.23-07-2025 4/4 grievous in nature. He has further taken this Court to sub Section (h) of the said Section 116 of ‘the B.N.S., 2023’ to show that any hurt which endangers the life can be put in the grievous category and certainly the injuries that have been inflicted comes under Section 116 of the B.N.S., 2023. 7. Considering the submissions put forward by the parties as also the facts on record, certainly, the allegations have been leveled against all the four accused persons, including the petitioners, the injuries have been found to be grievous in nature and Section 116 (h) of ‘the B.N.S., 2023’ clearly recedes that any hurt which endangers the life comes under the ‘grievous’category. The Medical report talks about the injuries on the head, abdomen and on the hand which comes under clause (h) of Section 116 of the B.N.S., 2023. In that background, it would be appropriate that the petitioners seek bail. 8. The prayer for anticipatory bail stands rejected. sharun/- (Rajiv Roy, J) U T