Patna High Court
Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court found the offences too grave to merit such relief.
Summary
The petitioner, Umesh Yadav, applied for anticipatory bail fearing arrest in a case (Ghoshi PS No.220 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault, grievous hurt and other serious charges. He was alleged to have assaulted an informant and a family member with a lathi and iron rod, causing a head injury. The High Court examined the nature and gravity of the alleged offences and concluded that the seriousness outweighed any right to anticipatory bail. Consequently, the court rejected the anticipatory bail application. The petitioner was ordered to surrender to the lower court within two weeks and to seek regular bail, failing which the police were directed to arrest him. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- grievous hurt
- criminal procedure
- bail denial
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71798 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Umesh Yadav S/O Late Sakal Yadav R/O Village - Thikraur,P.S-
Ghoshi,District-Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Singh
For the Opposite Party/s : Mr. Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Ghoshi P.S. Case No. 220 of 2025 registered for offences under
Sections 126(2), 115(2), 329(3), 329(4), 109, 303(2), 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The petitioner along with other co-accused persons
is accused of assaulting the informant and his family member by
means of lathi and iron rod. The head injury has been caused by
a hard blunt substance and the petitioner is the author of the
injury.
4. Considering the nature and gravity of offence, this
court is of the considered opinion that the petitioner does not
deserve the privilege of anticipatory bail in the present case.
Patna High Court CR. MISC. No.71798 of 2025(3) dt.21-01-2026
2/2
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Jehanabad will take all steps for the arrest of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Jehanabad through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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