Patna High Court
NAND KISHORE YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the assault was a single act causing only a simple injury and therefore granted anticipatory bail to the petitioner.
Summary
The petitioner, Nand Kishore Yadav, was named in an FIR for alleged assault with a gandasa causing a head injury to Devendra Kumar Singh, alleged to be with intent to cause death, and was charged under multiple sections of the IPC. The petitioner sought anticipatory bail, arguing that the assault was a single act, the injury was simple, and there was no intention to cause death, citing the background of a neighbourhood dispute and the fact that co‑accused had been granted bail. The State opposed bail, contending that the assault was on a vital part of the body, though it also admitted the injury was simple. The court examined the nature of the weapon, the part of the body injured, and the medical report, concluding that the assault was not repeated and the injury was not grievous. Accordingly, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was made effective for four weeks from the date of the order. The decision relied in part on the precedent set in Jage Ram & Ors. v. State of Haryana.
Issues considered
- Whether the petitioner’s alleged assault was committed with the intention to cause death sufficient to deny anticipatory bail
- Whether the nature and severity of the injury justify the denial of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- intention to cause death
- Indian Penal Code
- Criminal Procedure Code
- Bhartiya Nagrik Suraksha Sanhita
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75748 of 2023
Arising Out of PS. Case No.-358 Year-2021 Thana- RAFIGANJ District- Aurangabad
======================================================
Nand Kishore Yadav, Son of Bishundeo Yadav, R/o Village-Labhari, P.S.-
Rafiganj, Dist.- Aurangabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Rafiganj P.S. Case
No.358 of 2021 registered under Sections 147, 148, 149,
341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
3. Allegation against petitioner is to assault one
Devendra Kumar Singh during the course of occurrence by
using gandasa causing head injury. It is further alleged that
assault was made with intention to cause death.
4. It is submitted by learned counsel appearing for
the petitioner that the allegation of assault is available against
13 named accused persons during the occurrence, which took
Patna High Court CR. MISC. No.75748 of 2023(4) dt.05-01-2026
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place in the background of neighbourhood disputes and
differences. It is pointed out that as per FIR, the allegation is
of only single assault against petitioner though conceded that
same was made on head but, upon medical examination, the
nature of injury was found simple, suggesting prima facie that
same was not made with intention to cause death. It is
submitted that to gather the “intention to cause
death”,several factors be taken into consideration like, the
nature of weapons, the part of the body where assault was
made, the nature of injury, the pre and post conduct of
petitioner qua occurrence but, merely considering the fact
that alleged assault was caused on head i.e. the vital part, the
anticipatory bail of petitioner was rejected. It is submitted
that other co-accused was granted bail by trial court itself.
Learned counsel relied upon legal report of Jage Ram & Ors.
vs. State of Haryana as reported in (2015) 11 SCC 366.
5. Learned APP while opposing the prayer of bail
submitted that the assault was made on vital part of the body
but, fairly conceded that it was single and the injury upon
medical examination was found simple in nature.
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6. In view of aforesaid factual submissions and by
taking note of fact as alleged assault caused by petitioner not
appears repeated and the nature of injury upon medical
examination, found simple, accordingly, the petitioner, above-
named, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed to
be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Incharge Chief Judicial
Magistrate, Aurangabad in connection with Rafiganj P.S. Case
No.358 of 2021, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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