Patna High Court
Sachin Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 352
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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