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Patna High Court

Sachin Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the nature of injury and prior criminal antecedents warranted refusal.

Summary

Sachin Kumar Yadav applied for anticipatory bail after an FIR alleged that he assaulted an informant with an iron rod, causing dangerous injuries, and he has two prior criminal antecedents. The petition sought protection from arrest under Sections 126(2), 115(2), 109(1), 303(2) and 352 of the Bhartiya Nyaya Sanhita, 2023. The court examined the seriousness of the alleged assault, the severity of the injuries, and the petitioner’s criminal history. Considering these factors, the court found that the criteria for granting anticipatory bail were not met. Consequently, the application for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the nature of the alleged offence, the seriousness of the injuries, and his prior criminal antecedents?

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • dangerous injuries
  • criminal antecedents
  • Bhartiya Nyaya Sanhita

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.5556 of 2026
                           Arising Out of PS. Case No.-306 Year-2025 Thana- AANDAR District- Siwan
                    ======================================================
                    Sachin Kumar Yadav S/o Udhava Lal Yadav @ Udhava Yadav R/o Village-
                    Gayghat, P.S.- Andar, District- Siwan
                                                                         ... ... Petitioner/s
                                                        Versus
                    The State of Bihar
                                                                  ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Rajiv Kumar, Advocate
                    For the Opposite Party/s :       Mr.Ahmad Ali, APP
                                                     Mr.Manish Chandra Gandhi, Adv.for Informant
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      04-02-2026                    Heard learned counsel for the petitioner, learned

                      A.P.P. for the State and learned counsel for the informant.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence under Sections 126(2), 115(2), 109(1),

                      303(2) & 352 of Bhartiya Nyaya Sanhita, 2023.

                                   3. As per F.I.R., this petitioner assaulted informant

                      with iron rod. Doctor has found the injuries dangerous.

                      Petitioner has got two criminal antecedent also.

                                   4. Considering the nature of injury and criminal

                      antecedent,       the prayer for anticipatory bail of petitioner is

                      rejected.



                                                      (Prabhat Kumar Singh, J)
anay

U        T


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