Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied because the alleged offences involve serious assault causing grievous injury, and the court was not convinced that the allegations were false or merit bail.
Summary
The petitioner, Anil Yadav, sought anticipatory bail in connection with a criminal case (Laheri P.S. Case No. 477 of 2025) alleging assault with fists and bricks causing grievous injury. The FIR named three accused, including the petitioner, and the prosecution argued the offence involved serious injuries to a vital part of the body. The petitioner’s counsel contended that the allegations were false, arising from a land dispute, and that there were no specific charges against him. The State opposed bail, emphasizing the seriousness of the offences and the grievous nature of the injury. The High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances did not warrant such relief. However, the Court directed that if the petitioner surrenders within four weeks, the trial court should promptly decide his surrender‑cum‑bail application on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita given the seriousness of the alleged offences and the nature of the injury.
- Whether the allegations against the petitioner constitute a false or fabricated case arising from a land dispute, thereby affecting the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- bail
- assault
- grievous injury
- land dispute
- false allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26924 of 2026
Arising Out of PS. Case No.-477 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Anil Yadav S/o Krishn Yadav Resident of Village- Chero, P.S.- Harnaut,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Laheri P.S. Case No. 477 of 2025 lodged on 09.10.2025,
for the offence punishable under Sections 126(2), 115(2),
117(2), 109(1), 352 & 3(5) of the Bharatiya Nyaya Sanhita,
2023, pending in the Court of C.J.M., Nalanda at Biharsharif.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner. It
has been alleged that the accused persons have assaulted the
informant by fists and bricks, due to which, he was badly
injured and admitted to the hospital.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.26924 of 2026(2) dt.22-04-2026
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petitioner is innocent and has committed no offence. Counsel
submits that the petitioner’s name has been inserted in this case
only under a conspiracy. He submits that as per the allegation
made in the FIR, it become crystal clear that the allegation is
false. He submits that long land dispute is going on between the
parties and only due to this reason, the present case has been
lodged by the informant to put pressure. Counsel also submits
that there is general and omnibus allegation against the
petitioner and there is no specific allegation. He further submits
that the criminal antecedent of the petitioner is not clean as there
is one case pending against him in which, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that in the rejection order, it
has been acknowledged by the Sessions Court that the injury to
the informant has been caused on the vital part of the body and
the injury has been found grievous in nature.
6. As such, in the present facts and circumstances of
the case, this Court is not inclined to grant bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner
stands rejected.
7. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
Patna High Court CR. MISC. No.26924 of 2026(2) dt.22-04-2026
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then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner has been
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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