Patna High Court
Kshatri YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the injury was grievous and the petitioner had a criminal antecedent.
Summary
The petitioner, Kshatri Yadav, sought anticipatory bail fearing arrest in a case (Kuchaikot PS Case No. 271 of 2025) involving multiple offences under the B.N.S. The prosecution alleged that Yadav participated in a violent assault on Vishal Kumar, causing a grievous head injury, and that other accused inflicted additional injuries. The petitioner argued that both sides suffered injuries and that the informant’s injury was merely simple. The State contended that the injury to Vishal Kumar was grievous and highlighted the petitioner’s prior criminal record. The court examined the medical report confirming grievous injury and considered the petitioner’s antecedents, concluding that no relief could be granted. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in a grievous assault
- Whether the nature of the injury (grievous vs simple) affects bail eligibility
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 118(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- grievous injury
- criminal antecedent
- B.N.S. sections
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74318 of 2025
Arising Out of PS. Case No.-271 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Kshatri Yadav S/o- Amla Yadav @ Amlya Yadav Resident of village- Badi
Khajuri PS- Kuchaikot District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kuchaikot P.S. Case No. 271 of 2025 registered
for the offence punishable under Sections 126(2), 115(2),
118(2), 118(1), 109(1), 352, 351(2), 303(2) and 3(5) of the
B.N.S., lodged on 27.06.2025 by the informant Umrawati Devi.
3. As per the prosecution story, the informant alleged
that while her husband was returning home, the accused persons
armed variously came and allegation against this petitioner is of
giving ‘Farsa’ attack on Vishal Kumar on the order of Lalan
Yadav which resulted into injury on the head. The others
resorted to assault and as the informant reached there, allegation
is that Sugriv Yadav gave ‘Lathi’ blow on the head causing
injury. The locals arrived, they escaped, the injured were taken
Patna High Court CR. MISC. No.74318 of 2025(3) dt.23-02-2026
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to Kuchaikot Hospital and then to Sadar Hospital, Gopalganj.
This led to the F.I.R..
4. Learned counsel for the petitioner submits that
there has been case and counter case, both sides have suffered
injuries, the injury of informant has been found to be simple in
nature.
5. Mr. Bharat Bhushan, learned APP on the other hand
opposes the prayer submitting that so far as Vishal Kumar is
concerned, the injury inflicted by this petitioner has been found
to be grievous in nature and he has criminal antecedent.
6. Considering the submissions of the parties as also
the report that records the injury has been found to be grievous
in nature beside the petitioner having criminal antecedent, no
relief can be granted to him.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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