Patna High Court
Amlesh Kumar @ Karu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioners subject to the conditions imposed by the court.
Summary
The petitioners, three brothers from Lakhisarai, were named in an FIR for assaulting an informant with a rod, causing grievous injuries that required 32 stitches to the head and injuries to the left hand. They were charged under Sections 126(2), 115(2), 109(1), 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 and sought anticipatory bail. The State opposed the bail, arguing the assault demonstrated an intention to cause death. The court examined the nature of the injuries, the weapon used, and the absence of clear intent to kill, noting that the injuries, while grievous, did not prove a lethal intention. Relying on precedent from State of Himachal Pradesh v. Shamsher Singh, the court held that anticipatory bail could be granted subject to conditions. Consequently, the petitioners were ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, and to surrender within four weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite charges of grievous assault.
- Whether the facts establish an intention to cause death under Section 109(1) of the Bhartiya Nyay Sanhita.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- grievous hurt
- intention to cause death
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26787 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
1. Amlesh Kumar @ Karu Yadav Son of Dinesh Yadav Resident of village-
Pachna Road, Sansar Pokhar, Yadav tola, Ward no. 19, Ps- Kabaiya, Dist-
Lakhisarai
2. Bablu Yadav @ Lal yadav son of Dinesh yadav Resident of village- Pachna
Road, Sansar Pokhar, Yadav tola, Ward no. 19, Ps- Kabaiya, Dist- Lakhisarai
3. Dablu Yadav @ Chhotu yadav @ Dablu kumar Son of Dinesh Yadav
Resident of village- Pachna Road, Sansar Pokhar, Yadav tola, Ward no. 19,
Ps- Kabaiya, Dist- Lakhisarai
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Rabi Bhushan, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Kabaiya P.S. Case
No. 335 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 109(1), 351(2) and 3(5) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, allegation against petitioners is to assault
the informant by using rod and danda etc. as a result of which
32 stitches were done on the head of the informant. The
informant also sustained injuries on his left hand. It is also
Patna High Court CR. MISC. No.26787 of 2026(2) dt.27-04-2026
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alleged that prior to this occurrence on 31.07.2025, the assault
was also made by the petitioners.
4. Learned counsel appearing on behalf of the petitioners
submitted that upon medical examination, two injuries were
noticed upon informant out of which one is lacerated wound of
size 1” x 0.25” x skin depth (2” x 0.25” x skin depth) over
vertex of skull and another is swelling and bruise of size 3” x 2”
on left arms, which found grievous in nature and due to said
reason only the anticipatory bail petition of the petitioners was
rejected considering that the petitioners were under intention to
cause death of the informant/injured.
5. It is submitted that to constitute an offence prima
facie punishable under section 109(1) of the B.N.S., different
factors are required to be looked into i.e. nature of weapon,
manner of assault, body parts where assault was made, the pre
and post conduct of the accused etc. In support of his argument,
learned counsel relied upon the legal report of Hon’ble Supreme
Court as available through State of Himachal Pradesh Vs.
Shamsher Singh reported in 2025 SCC OnLine SC 807.
Petitioners claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.26787 of 2026(2) dt.27-04-2026
3/3
7. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie nature of injuries as
discussed aforesaid not suggesting that petitioners were under
intention to cause death of the informant/injured, accordingly,
all the three above-named petitioners, in the event of their
arrest/surrender within a period of four weeks from this order,
are directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) each with two sureties of the
like amount each to the satisfaction of learned C.J.M.,
Lakhisarai/concerned court in connection with Kabaiya P.S.
Case No. 335 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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