Patna High Court
Lalbabu Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The bail application was rejected, and the petitioner was not granted regular bail.
Summary
Lalbabu Prasad Yadav was charged under several sections of the B.N.S., 2023 for allegedly stabbing the husband of an informant with a Barcha, causing serious chest injuries including rib fractures and hemothorax. He applied for regular bail, claiming innocence and no prior criminal record, and argued that he had been in judicial custody since August 2025. The State and the informant opposed bail, presenting the FIR and trial court findings that identified the petitioner as the assailant and detailed the grievous injuries sustained. After hearing both sides, the High Court held that the seriousness of the offence and the evidence did not justify bail at this stage. Consequently, the bail petition was rejected, with the court allowing the petitioner to re‑apply after three months.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged assault and the injuries inflicted.
- Whether the evidence on record, including the FIR and trial court injury report, warrants denial of bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115, 126, 3, 351, 352, 76
Subjects
- bail
- criminal procedure
- assault
- stabbing
- serious injury
- denial of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6797 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Lalbabu Prasad Yadav Son of Hitlal Ray Resident of Village - Gola Pakadiya
Tola, Fatehpur, P.S. - Lakhaura, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the informant : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner; learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Lakhaura P.S. Case No. 229 of 2025 registered for the
offence punishable under Sections 115(2), 126(2), 109(1), 76,
351(2), 352, 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner has stabbed the husband of the informant by means of
Barcha.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
Patna High Court CR. MISC. No.6797 of 2026(2) dt.11-02-2026
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there is also a counter version of this case but on being asked as
to whether the petitioner’s side has received any injury, he could
not answer it. He further submits that a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
24.08.2025.
5. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for
the State. Learned counsel for the informant submits that from
perusal of the FIR, it is clear that two accused persons namely,
Avinash Kumar and Mukesh Kumar caught the husband of the
informant and this petitioner assaulted with barcha, which hit on
the chest. From perusal of the order of the learned trial court, it
is clear that the learned trial court has recorded that “the injury
report of Lal Babu Prasad Yadav (husband of the informant) as
follows: (i). A stab wound on left side chest of size
1/2”x1/4”x1/2”, (ii). HRCT of Thorax-report and plate not
submitted till date and the learned trial court has also recorded
that Ct+ HCRap-fracture shows fracture of left 4 th & 8th ribs, left
pnemothrage with massive left side hemothora, lung contusion.”
6. Learned counsel for the informant further submits
that the petitioner is having direct allegation of stabbing the
Patna High Court CR. MISC. No.6797 of 2026(2) dt.11-02-2026
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husband of the informant with barcha and the assault has caused
fracture injury on the chest.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
not inclined to enlarge the petitioner on bail at this stage,
however the petitioner will be at liberty to renew his prayer for
bail after three months.
8. Accordingly, the prayer for regular bail of the
petitioner stands rejected.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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