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Patna High Court

Sudhir YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner was found to have caused a grievous injury to the head of the informant.

Summary

The petitioner, Sudhir Yadav, was named in an FIR for assaulting an informant with a lathi, causing a grievous head injury, allegedly during a land dispute. He applied for anticipatory bail, arguing that the assault was not repeated, that there was no intention to cause death, and that he has a clean antecedent. The State opposed the bail, emphasizing that the injury was grievous and inflicted on a vital part of the body, namely the head. The court examined the factual submissions and the nature of the injury under the relevant sections of the Bihar Penal Code. Finding that the grievous injury was directly attributable to the petitioner, the court concluded that the seriousness of the offence outweighed the bail considerations. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail for the offences alleged under Sections 126(2), 115(2), 109(1), 74, 351(2) and 3(5) of the Bihar Penal Code.
  • Whether the nature of the injury and alleged intent preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • grievous hurt
  • intent to cause death
  • land dispute
  • criminal procedure
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28041 of 2026
                      Arising Out of PS. Case No.-160 Year-2025 Thana- KATORIYA District- Banka
                 ======================================================
                 Sudhir Yadav S/o- Ramsahi Yadav Village- Rampur, Police Station-Katoriya,
                 District- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Mukherjee
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-05-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Katoriya P.S.

                   Case No. 160 of 2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 109(1), 74, 351(2), 3(5) of

                   BNS.

                                3. As per FIR petitioner alleged to assault

                   informant on the head by lathi during the occurrence with an

                   intention to cause his death where occurrence is alleged to

                   be taken place out of land dispute.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the assault as per FIR not
              Patna High Court CR. MISC. No.28041 of 2026(2) dt.01-05-2026
                                                          2/2




                        appears repeated, however he conceded that the injury as

                        alleged to be caused by this petitioner was found grievous in

                        nature which was on head. It is submitted that the

                        occurrence took place out of land dispute and as the assault

                        was not said to be repeated, therefore, it can be safely said

                        that petitioner was not under intention to cause death. While

                        concluding argument, it is submitted that petitioner claimed

                        clean antecedent.

                                     5. Learned APP while opposing the prayer of bail

                        submitted that assault was specifically caused by this

                        petitioner was found upon vital part of the body i.e., head of

                        the injured and that to grievous in nature.

                                      6. In view of aforesaid factual submission and by

                        taking note of fact as the grievous injury was found on the

                        head of the informant, which is specifically alleged to be

                        caused by this petitioner, accordingly, the anticipatory bail of

                        petitioner stands rejected.



                                                                   (Chandra Shekhar Jha, J)
Sudha/-

U         T


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