Patna High Court
Shivlal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court refused to grant anticipatory bail, rejecting the petition.
Summary
Shivlal Yadav applied for anticipatory bail in a case registered under Sections 126(2), 118(1), 117(2), 109(1) and 3(5) of the B.N.S., alleging that he assaulted Rajeshwar Yadav causing a head injury. The petitioner claimed a clean antecedent and argued that the initial injury report described a simple injury, later upgraded to a grievous fracture after senior doctors were consulted. The informant’s counsel contended that the upgraded report was proper, the injury was to a vital part of the body, and the investigation was ongoing. The court examined the conflicting medical opinions and the seriousness of the alleged offence. Concluding that the circumstances did not merit the privilege of anticipatory bail, the court rejected the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the alleged offences of assault causing grievous injury.
Legislation cited
- B.N.S. — s. 109(1), 117(2), 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- assault
- grievous injury
- B.N.S.
- criminal procedure
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4793 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Shivlal Yadav Son of Late Suraj Yadav Resident of Vill. - Miskar Tola, Ward
No-14, P.S.- Chanpatiya, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
For the Opposite Party/s : Mr.Navin Kumar Pandey- A.P.P.
Mr.Krishna Kant Pandey
Ms.Purnima Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in anticipation of his
arrest in Chanpatiya P. S. Case No.169 of 2025 registered for the
offences punishable under Sections 126(2), 118(1), 117(2),
109(1), 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and in sum and
substance, the allegation is that petitioner assaulted Rajeshwar
Yadav by garasa causing injury on head.
4. The learned counsel for the petitioner submits that
petitioner and the informant are agnates and are having dispute
Patna High Court CR. MISC. No.4793 of 2026(2) dt.23-03-2026
2/3
relating to land. It is next submitted that initially when the injury
report was submitted, the same opined the injury to be simple in
nature, though was on vital part of the body, but then, from
perusal of the order impugned, it would manifest that the same
records that the injury report was objected by the side of the
informant, as such, the Court called for an opinion on the injury
received by Rajeshwar Yadav and the opinion which was
furnished to the Court by the Pharmacists of the P.H.C. recorded
that earlier injury report was issued without consulting the
senior doctors but after the senior doctors were consulted, it was
found that the injured suffered fracture frontal bone on left side
of the head and the same was opined to be grievous in nature
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. as well as the learned counsel
appearing on behalf of the informant opposes the anticipatory
bail application and submits that the second injury report was
furnished based on the orders of the Court and the injury report
clearly recorded that the injury suffered by the injured was
opined to be grievous after consulting the senior doctors of the
P.M.C.H. It is also submitted that head is a vital part of the body
and the investigation is continuing.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.4793 of 2026(2) dt.23-03-2026
3/3
A.P.P. as well as the learned counsel appearing on behalf of the
informant, the Court is not inclined to extend the privilege of
anticipatory bail to the petitioner.
7. The prayer of the petitioner for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
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