Patna High Court
Mukesh yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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