Patna High Court
Rajeev Kumar Yadav @ Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the seriousness of the allegations and the grievous injury warrant continued custody.
Summary
The petitioner, Rajeev Kumar Yadav, applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging he was falsely implicated in an assault that caused grievous injuries to the informant. The prosecution alleged that the petitioner, along with six others, attacked the informant with a stone, resulting in a serious head injury. The petitioner contended that the dispute was a personal feud and that the FIR narrative was inaccurate. The State opposed bail, emphasizing the specific allegations and the grievous nature of the injury. After hearing both sides, the court declined to grant bail, noting the seriousness of the charges and the injury, but allowed the petitioner to reapply after six months or upon framing of charge.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of assault causing grievous injury under the Bharatiya Nyaya Sanhita, 2023.
- Whether the seriousness of the offences and the nature of the injury justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 324(4), 3(5)
Subjects
- regular bail
- grievous injury
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74313 of 2025
Arising Out of PS. Case No.-206 Year-2025 Thana- BELHAR District- Banka
======================================================
Rajeev Kumar Yadav @ Rajeev Kumar S/O Nand Kishor Yadav R/O Village
– Lakshminagar (Lulha), Police Station Belhar, District Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant
of regular bail in connection with Belhar P.S. Case no.206 of
2025 registered under sections 126(2), 115(2), 117(2), 303(2),
324(4), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that
the seven named accused persons including the petitioner herein
came variously armed and assaulted the informant and others. It
is further stated that the petitioner struck the informant with a
stone on his head leading to grievous injuries.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There is
continuing dispute between the parties as they are gotias. The
manner of occurrence is other than what has been narrated in the
Patna High Court CR. MISC. No.74313 of 2025(3) dt.21-01-2026
2/2
FIR. The petitioner is in custody since 19.8.2025 and
chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State who submits that there is specific allegation against
the petitioner and the corresponding injury has been found to be
grievous in nature.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR together with the contents of the injury report wherein
the corresponding injury has been found to be on a vital part of
the body and grievous in nature, the Court is not inclined to
enlarge the petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
Saurabh/-
U T
Checking your session…