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Patna High Court

Raju YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the court was not convinced that the circumstances warranted such relief despite the petitioners' claims of compromise.

Summary

The petitioners, Raju Yadav and Amit Kumar, sought anticipatory bail in connection with a criminal case (PS Case No. 194 of 2025) alleging they assaulted the informant's son, leading to his death. The FIR listed offences under Sections 191(2), 191(3), 115(2), 126(2), 117(2), 103(1) and 352 of the Bhartiya Nyaya Sanhita, 2023. The petitioners claimed innocence, a compromise between the parties, and willingness to comply with any conditions, while highlighting one petitioner’s pending criminal cases. The State opposed bail, citing the seriousness of the assault, the cause of death by blunt force, and the trial court’s finding of ample material against the accused. After reviewing the FIR and trial court observations, the High Court declined to grant anticipatory bail, finding the circumstances did not merit such relief.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the Bhartiya Nyaya Sanhita, 2023 in view of the seriousness of the alleged assault and death
  • Whether the existence of a compromise between parties and the petitioners' willingness to comply with conditions can outweigh the evidentiary material against them

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault causing death
  • Bhartiya Nyaya Sanhita
  • Section 191
  • Section 352
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22631 of 2026
                      Arising Out of PS. Case No.-194 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
           1.     Raju Yadav S/o Late Ramji Ray R/o Village - Bhaisada, P.S - Ramgarhwa,
                  District - East Champaran
           2.     Amit Kumar @ Amit Yadav S/o Sanjeet Yadav R/o Village - Bhaisada, P.S -
                  Ramgarhwa, District - East Champaran
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :      Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners          are apprehending           arrest     in

                   connection with Ramgarhwa P.S. Case No. 194 of 2025, dated

                   14.06.2025, lodged under Section 191(2), 191(3), 115(2), 126(2),

                   117(2), 103(1) & 352 of the Bhartiya Nyaya Sanhita, 2023

                   (hereinafter referred to as “BNS, 2023”), pending before the

                   Court of S.D.J.M., Raxaul at Motihari, East Champaran.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons, including the present petitioners,

                   alleging that they brutally assaulted the son of the informant,

                   which resulted in his death.

                                4. Learned counsel for the petitioner submits that the

                   petitioners are innocent and have committed no offence. Counsel

                   further submits that both parties are residents of the same village
         Patna High Court CR. MISC. No.22631 of 2026(2) dt.16-04-2026
                                                     2/2




                   and have entered into a compromise, which forms part of the

                   record. Counsel further submits that the criminal antecedents of

                   petitioner No. 1 are not clean, as there are two criminal cases

                   pending against him, whereas the criminal antecedent of

                   petitioner No. 2 is clean. Counsel also submits that the petitioners

                   are ready to comply with all conditions whatsoever that may be

                   imposed upon them.

                                5. Learned APP for the State opposes the prayer for

                   bail and submits that the allegations of assault and injury are

                   apparent from the order passed by the Sessions Court.

                                6. Upon perusal of the FIR and the rejection order, it

                   transpires to this Court that death has been caused due to

                   haemorrhage and shock caused by a hard and blunt object and its

                   impact. The Trial Court has also observed that there are ample

                   materials and direct allegations against the petitioners.

                                7. As such, in the present facts and circumstances, this

                   Court is not inclined to grant anticipatory bail to the petitioners.

                   Accordingly, the prayer for anticipatory bail of the petitioners is

                   hereby rejected.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U


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