Patna High Court

Yaquinul Haque @ SonuversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Pre‑arrest bail was not granted as the Court found the nature of the injury and the gravity of the offences to warrant denial of bail.

Summary

The petitioner, Yaquinul Haque, sought pre‑arrest bail after the police registered a case alleging that on 24‑04‑2025 he assaulted the father of an informant, causing a grievous head injury. The prosecution charged him under sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS. The petitioner argued that he feared arrest and therefore applied for bail. The Court examined the seriousness of the alleged assault and the nature of the injuries, noting that the injury was deemed grievous by a medical practitioner. Considering the gravity of the offences and the potential for further harm, the Court rejected the bail application. Consequently, the petition for pre‑arrest bail was dismissed.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner given the seriousness of the alleged assault and the charges under the BNS.

Legislation cited

BNS — s. 109, 115(2), 126(2), 3(5), 351(2), 352

Subjects

pre‑arrest bail
assault
grievous injury
criminal procedure
BNS

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.76310 of 2025
                      Arising Out of PS. Case No.-147 Year-2025 Thana- GORIAKOTHI District- Siwan
                  ======================================================
                  Yaquinul Haque @ Sonu S/O Anwarul Haque R/O Vill.- Muhammedpur, P.S.-
                  Goriyakothi, Dist.- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                  The State of Bihar Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Rakesh Kumar Shrivastava, Advocate
                  For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    16-01-2026                          Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 126 ( 2 ), 115 ( 2 ), 109,
                    352, 351 ( 2 ) and 3 (5) of BNS.
                                 3 . As per the prosecution case , on 24.04.2025 ,
                    petitioner assaulted on the head of father of informant due to
                    which he sustained injury . Doctor has found the injury grievous
                    in nature
                                 4. Considering the nature of injury and gravity of
                    offence , prayer for pre-arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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