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Patna High Court

Lalu Yadav @ Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied as the injury is grievous and the petitioner has a criminal antecedent.

Summary

The petitioner, Lalu Yadav, sought anticipatory bail after being implicated in a land‑dispute assault case (PS Muffasil Case No. 508/2024) where he was alleged to have fired a rifle at the informant’s son, causing a grievous scalp injury. The prosecution relied on the informant’s complaint and highlighted the petitioner’s criminal antecedent. The petitioner’s counsel argued innocence, but the State’s counsel emphasized the seriousness of the injury and prior record. The court considered the nature of the injury, the criminal antecedent, and the seriousness of the offences under the B.N.S. statutes. Concluding that the circumstances warranted denial of bail, the court rejected the anticipatory bail application, directing the petitioner to surrender within four weeks and apply for regular bail thereafter.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the grievous nature of the injury and his criminal antecedent
  • Whether the allegations under Sections 126(2), 115(2), 352, 351(2), 74, 109, 3(5) of the B.N.S. justify denial of anticipatory bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74

Subjects

  • anticipatory bail
  • criminal antecedent
  • grievous injury
  • land dispute
  • assault
  • firearm

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68371 of 2025
                 Arising Out of PS. Case No.-508 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Lalu Yadav @ Gautam Kumar Son of Sunil Yadav Resident Of Village - Kena
                 Tola Pokhar Par, P.S. - Muffasil, District - Nawada.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :      Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-02-2026                  Heard Mr. Sheo Kumar Prasad,learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending arrest in connection

                   with Muffasil P.S. Case No. 508/2024 instituted under Sections

                   126(2), 115(2), 352, 351(2), 74, 109, 3(5) of the B.N.S. lodged

                   on 25.12.2024 by the informant, Sitasharan Yadav.

                                3. As per the prosecution story, the informant alleged

                   that the accused persons armed variously came and on the issue

                   of land dispute, assaulted the family members of the informant.

                   The specific allegation is against this petitioner that he gave rifle

                   blow on the son of the informant.

                                4. Though, learned counsel for the petitioner tried to

                   impress upon this Court regarding his innocence, learned APP

                   has taken this Court to learned Sessions Judge order to show
             Patna High Court CR. MISC. No.68371 of 2025(3) dt.11-02-2026
                                                         2/2




                       that the injury on the scalp has been found to be grievous in

                       nature. Further submission is that he has criminal antecedent.

                                    5. Considering the submissions of the parties as also

                       the criminal antecedent coupled with the fact that the injury has

                       been found to be grievous, in that background, the anticipatory

                       bail application stands rejected.

                                    6. If the petitioner surrenders within four weeks and

                       seek bail, the court concerned shall take up the matter and

                       dispose it of preferably on the same day.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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