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Patna High Court

Mukesh yadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Pre‑arrest bail was denied to the petitioners.

Summary

Mukesh Yadav and Ajay Yadav were arrested in connection with an FIR alleging that they assaulted an informant with an iron rod, causing grievous injuries to his head and leg. The petitioners, fearing arrest, applied for pre‑arrest bail, contending that the allegations were unfounded. The court noted that the offences alleged—under sections 126(2), 115(2), 118(1), 109(1), 61(2)(a), 352 and 351(2) of the Bihar Penal Code—are serious and involve grievous hurt. It also observed that one of the petitioners has a prior criminal antecedent of a similar nature. Considering the seriousness of the injuries, the gravity of the offences and the prior record, the court rejected the petition for pre‑arrest bail.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the alleged offences
  • Whether the prior criminal antecedent of petitioner No.1 warrants denial of bail

Subjects

  • pre‑arrest bail
  • assault
  • grievous hurt
  • criminal antecedent
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1707 of 2026
                       Arising Out of PS. Case No.-166 Year-2025 Thana- PANDARAK District- Patna
               ======================================================
           1 . Mukesh yadav Son of Chando Yadav Resident Of Village- Gowasha

                 Shekhpura (Gherapar), Ps- Pandarak, Dist- Patna
           2.    Ajay Yadav @ Mukhiya Son of Yogeshwar Yadav @ yugeshar Yadav

                 Resident Of Village- Bampur, Ps- Pandarak, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s       :     Mr. Bhim Sen Prasad , Advocate

                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehends arrest in a case registered

                   for the offence punishable under sections 126(2), 115(2), 118(1)

                   , 109 (1) , 61 ( 2 ) (a) , 352 and 351 ( 2 ) of BNS.

                                 3. As per F.I.R. petitioners are alleged to have

                   assaulted informant by means of iron rod, katta upon his head

                   and leg due to which he sustained injuries. Injuries allegedly

                   caused by these petitioners are grievous in nature. Petitioner No.

                   1 has got one criminal antecedent of similar nature.
            Patna High Court CR. MISC. No.1707 of 2026(2) dt.28-01-2026
                                                        2/2




                                   4. Considering the nature of injury, accusation and

                      gravity of offence, prayer for pre-arrest bail of the petitioners is

                      rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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