Patna High Court
Sudhir YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Penal Code (BNS) — s. 109(1), 115(2), 126(2), 3(5), 351(2), 74
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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