Patna High Court
Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Umesh Yadav, applied for anticipatory bail fearing arrest in a case (PS Case No.325 of 2025) alleging offences under Sections 191(2), 115(2), 126(2), 109(2), 117(2), 351 and 352 of the Bihar Negotiable Substances Act, 2023. He claimed a clean record and argued that the incident stemmed from a trivial dispute over tractor usage, resulting in mutual assaults, and that he was falsely implicated by the informant. The State opposed bail, contending that the petitioner assaulted the informant’s mother with a lathi, causing grievous injury to a vital part of the body. The court examined the submissions and found the allegations of serious assault credible, noting the existence of a FIR and the nature of the injuries. Consequently, the court declined to extend the privilege of anticipatory bail and dismissed the petition.
Issues considered
- Whether anticipatory bail under Section 438 of the Criminal Procedure Code should be granted to the petitioner in view of the alleged offences and grievous injuries.
- Whether the petitioner’s alleged participation in the assault justifies denial of bail.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109(2), 115(2), 117(2), 126(2), 191(2), 351, 352
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- grievous hurt
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19779 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Umesh Yadav Son of Safendar Yadav @ Sakendar Yadav Resident of Village-
Velay, P.S.- Dhoraiya, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey
For the Opposite Party/s : Mr. Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 29-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Dhoraiya P.S. Case No.325 of 2025, registered for the
offences punishable under Sections 191(2), 115 (2), 126(2),
109(2), 117(2), 351 and 352 of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 15.11.2025 at 7 P.M. Umesh (petitioner) and
Kumud were plying their tractor in front of his house, on
objection that they should not ply the tractor as his cow was
sitting, on which, they abused and assaulted, further on alarm,
nine named accused persons came and Kumud assaulted by lathi
causing injury over left eye of the informant, thereafter Umesh
Patna High Court CR. MISC. No.19779 of 2026(4) dt.29-06-2026
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(petitioner) assaulted his mother by lathi causing injury on head
and Safindar assaulted by lathi causing injury on hand and
Saurav assaulted his father by brick causing injury on head.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that on account of trivial dispute
of plying tractor the occurrence is alleged to have taken place. It
is further submitted that since informant objected plying of
tractor, as such an altercation took place, in which both side
assaulted each other. It is also submitted that even presuming
what has been alleged is true without admitting then petitioner is
not alleged to have repeated the blow. It is further submitted that
from side of the petitioner, Dhoraiya P.S. Case No.326 of 2025
dated 28.11.2025 has been instituted against the informant and
his side.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that petitioner is
alleged to have assaulted the mother of the informant by lathi
causing injury on head and the injury has been opined to be
grievous in nature and head is a vital part of the body. It is also
submitted that since an FIR has been instituted from the side of
the petitioner though subsequent to the instant FIR but then that
Patna High Court CR. MISC. No.19779 of 2026(4) dt.29-06-2026
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amply demonstrates that an altercation had taken place in which
mother of the informant was assaulted leading to grievous
injury.
6. Considering the submissions made by the learned
counsel for the informant, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner.
7. The anticipatory bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
U T
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