Patna High Court
Niraj Yadav @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied.
Summary
Petitioner Niraj Yadav sought anticipatory bail fearing arrest in a case (Gopalganj PS Case No. 388 of 2025) involving alleged assault with a knife that caused grievous injuries to the informant's son. The prosecution alleged the assault occurred during a cricket match, leading to the FIR and charges under sections 126(2), 115(2), 118(1), 109 and 3(5) of the Bihar Penal Code. The petitioner argued that a discrepancy in the order‑sheet—showing he was still hospitalized on 22‑08‑2025 while a related case was filed on 13‑08‑2025—should merit bail. The State contended that the seriousness of the injuries outweighed any clerical error. The Court, after considering the nature of the injuries and the submissions, rejected the anticipatory bail application but directed that the petitioner may surrender within four weeks for a prompt trial.
Issues considered
- Whether anticipatory bail can be granted despite the grievous nature of the injuries alleged against the petitioner.
- Whether a discrepancy in the order‑sheet regarding the petitioner’s hospitalization is sufficient to justify granting anticipatory bail.
Subjects
- anticipatory bail
- grievous injury
- assault
- order‑sheet discrepancy
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75828 of 2025
Arising Out of PS. Case No.-388 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Niraj Yadav @ Niraj Kumar S/o- Subash Manjhi @ Subhash Manjhi @ Subas
Manjhi R/v- Kalisthan Sreya, Ward No- 13 PS- Gopalganj District- Gopaganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Adv.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr. Indrajeet Bhushan, learned Counsel for the
petitioner and learned APP for the State as also Mr. Thakur Brajesh
Singh for the informant.
2. The petitioner apprehends his arrest in connection with
Gopalganj P.S. Case No. 388 of 2025 for the offence registered under
sections 126(2), 115(2), 118(1), 109 and 3(5) of BNS.
3. As per the prosecution story, the informant alleged that
his son was going to play cricket match, the named accused brutally
assaulted by knife causing injury and he was shifted to Gorakhpur
Hospital in which he got admitted to ICU. This led to the FIR.
4. Learned Counsel for the petitioner submits that though
the injuries have been found to be grievous in nature, the order sheet
of the learned Sessions Judge shows that on 22.08.2025, it was
recorded that he was still in hospital whereas he is named accused in
Patna High Court CR. MISC. No.75828 of 2025(3) dt.24-02-2026
2/2
a case under Gopalganj Town P.S. Case No. 604 of 2025 on
13.08.2025.
5. Learned APP for the State as also learned counsel for
the informant, on the other hand, opposes the prayer for anticipatory
bail submitting that the brutal assault is reflected from the injuries
and multiple injuries have been found to be grievous in nature. The
submission is that a discrepancy in the order-sheet cannot come in
the way of the gravity of the case.
6. Considering the submissions of the parties as also the
nature of injury that has come against the petitioner, no relief can be
extended.
7. The anticipatory bail application of the petitioner stands
rejected.
8. However, if the petitioner surrenders within four weeks
from today, the Court concerned shall take up the matter and dispose
it of preferably on the same day.
(Rajiv Roy, J)
Vijay Singh/-
U T
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