Patna High Court
Prabhash Kumar @ Prabhash YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The court denied anticipatory bail to petitioner No.1 due to evidence of grievous injury, but granted it to petitioners No.2 and No.3 as the prosecution failed to substantiate injury allegations against them.
Summary
The petitioners sought anticipatory bail in a case arising from an alleged assault over a drainage dispute, wherein petitioner No.1 was accused of fracturing the informant's father's hand with an iron rod, petitioner No.2 of assaulting the informant's mother with a lathi, and petitioner No.3 faced no specific allegation. The prosecution alleged offences under several sections of the Bhartiya Nyaya Sanhita, 2023, and argued that grievous injury was caused to the informant's father. The petitioners contended innocence, lack of overt act against petitioner No.3, and absence of injury report for the mother. The court examined the evidence, finding sufficient basis to link petitioner No.1 to a grievous injury, while noting the lack of corroborating injury evidence against petitioners No.2 and No.3. Consequently, anticipatory bail was denied to petitioner No.1 but granted to petitioners No.2 and No.3 subject to bail bonds and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 given the alleged grievous injury to the informant's father.
- Whether anticipatory bail should be granted to petitioner No.2 in the absence of an injury report against the informant's mother.
- Whether anticipatory bail should be granted to petitioner No.3 where no specific allegation exists.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2)1, 126(2), 3(5), 351(2)(3), 352
Subjects
- anticipatory bail
- grievous injury
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14523 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- Bhatni District- Madhepura
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1. Prabhash Kumar @ Prabhash Yadav S/o Raghunandan Yadav R/o Village -
Barahkurba Ward no. 12, P.S - Bhatni, District - Madhepura
2. Sanoj Yadav @ Sanoj Kumar @ Nirodh Kumar S/o Shiv Narayan Yadav R/o
Village - Barahkurba Ward no. 12, P.S - Bhatni, District - Madhepura
3. Krishna Kumar S/o Vinod Yadav @ Binod Yadav R/o Village - Barahkurba
Ward no. 12, P.S - Bhatni, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Bhatni Police Station Case No. 58 of 2025, dated
07.10.2025, disclosing offences punishable under
Sections 126 (2)/115(2) /118(2)1 /109/352/351(2)
(3)/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 05.10.2025 at about 08 AM, due to the dispute
relating to the drainage, the accused persons assaulted the
informant and his other family members. It is alleged that
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co-accused Manoj Yadav assaulted the father of the
informant by means of farsha on his head and the
petitioner no. 1 assaulted him by iron rod on his hand due
to which the left hand of the informant’s father got
fractured. When the informant and his mother intervened,
the petitioner no. 2 assaulted the informant’s mother by
lathi.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case for petty dispute. He further submits that both
the parties are agnates and counter case is also there. He
further submits that there is no allegation of commission
of any overt act against the petitioner no. 3 and the
allegation against the petitioner no. 2 is that he assaulted
the mother of the informant by lathi, but the prosecution
failed to bring on record any injury report with respect to
the mother of the informant. He next submits that due to
the assault made by petitioner no. 1, the left hand of the
father of the informant got fractured, which is non-vital
part of the body.
5. On the other hand, learned Additional Public Prosecutor
vehemently opposes the prayer for bail and submits that
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due to the assault made by petitioner no. 1, the
informant’s father received grievous injury.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the grievous injury sustained by the informant's father is
attributable to the petitioner no. 1, I am not inclined to
grant the petitioner no. 1 privilege of anticipatory bail.
7. This application, so far as petitioner no. 1 is concerned, is
dismissed.
8. However, considering the fact that there is no allegation
against petitioner no. 3 and the prosecution has failed to
bring on record the injury of informant's mother, which is
allegedly attributable to petitioner no. 2, I am inclined to
grant the petitioner nos. 2 and 3 privilege of anticipatory
bail.
9. This application, so far as petitioner nos. 2 and 3 are
concerned, is allowed.
10. Let the petitioner nos. 2 and 3, above named, in the event
of their arrest or surrender before the Court below within
a period of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
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satisfaction of learned Additional Chief Judicial
Magistrate-III, Madhepura, in connection with Bhatni
Police Station Case No. 58 of 2025, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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