Patna High Court

Rajdeo YadavversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The petition for pre‑arrest bail was denied.

Summary

Petitioner Rajdeo Yadav applied for pre‑arrest bail in a case (PS‑457/2025) alleging assault with an iron rod on the brother of an informant, invoking several offences under the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, a clean antecedent, and argued that the assault allegation was vague. The State, represented by the Additional Public Prosecutor, opposed bail, presenting a medical report that the injury was grievous. The court examined the seriousness of the charges and the nature of the injury. Considering the gravity of the accusations and the grievous injury, the court rejected the petition for pre‑arrest bail.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner given the seriousness of the offences under the Bharatiya Nyaya Sanhita
Whether the nature of the injury (grievous) justifies denial of bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 333, 3(5), 351(2), 351(3), 352

Subjects

pre‑arrest bail
assault
grievous injury
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1047 of 2026
                       Arising Out of PS. Case No.-457 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Rajdeo Yadav S/O Late Bhui Yadav R/O Village - Mastpura, P.O- Bagdaha,
                 P.S- Bodhgaya, Dist.- Gaya Ji,Pin- 823004

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :       Ms. Rina Sinha, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   22-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in connection with

                   Bodhgaya P.S. Case No. 457 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 303(2), 109, 333,

                   352, 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner along with co-accused

                   Mantu Kumar assaulted on the head of the brother of informant

                   with iron rod.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Allegation

                   of assault is general and omnibus. Petitioner claims clean

                   antecedent.

                                5. Learned counsel for the State opposes the prayer

                   for bail and submitted that doctor has found the injury to be
              Patna High Court CR. MISC. No.1047 of 2026(2) dt.22-01-2026
                                                          2/2




                        grievous in nature.

                                     6. Considering the nature of accusation and injury,

                        prayer for pre-arrest bail of the petitioner is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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