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Patna High Court

Ranjay YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because the injury caused was grievous in nature.

Summary

The petitioner, Ranjay Yadav, sought anticipatory bail fearing arrest in a criminal case (Bank​a P.S. Case No. 347 of 2025) registered under Sections 126(2), 115(2), 109, 76 and 303(2) of the BNS. The prosecution alleged that the petitioner assaulted the victim, causing grievous injuries. The primary issue was whether the court should grant anticipatory bail despite the seriousness of the alleged offence. The court examined the nature of the injury, noting that it was grievous, and held that such seriousness outweighs the grounds for anticipatory bail. Consequently, the court refused to grant anticipatory bail and dismissed the petitioner's application.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves grievous injury to the victim under the cited sections of the BNS.

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 303(2), 76

Subjects

  • anticipatory bail
  • grievous injury
  • criminal procedure
  • Sections 126(2)
  • Sections 115(2)
  • Sections 109
  • Sections 76
  • Sections 303(2)

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80681 of 2025
                         Arising Out of PS. Case No.-347 Year-2025 Thana- BANKA District- Banka
                  ======================================================
                  Ranjay Yadav S/O Sikandar Yadav @ Jayhindra Yadav Resident of village -
                  Maharajganj, Laheta, P.S- Banka, District - Banka
                                                                           ... ... Petitioner/s
                                                    Versus
                  The State of Bihar Bihar
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Sudhir Kumar Mishra
                  For the Opposite Party/s :       Mr.Renu Kumari
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    10-03-2026                    Heard learned counsel for the petitioner and learned

                    APP for the State.

                                    2. The petitioner apprehends his arrest in

                    connection with Banka P.S. Case No. 347 of 2025

                    corresponding to G.R. No. 2729 of 2025 which has been

                    registered under Sections 126(2), 115(2), 109, 76, 303(2) of the

                    BNS.

                                    3. As per the prosecution case, the petitioner is

                    said to have assaulted the victim causing grievous injury to the

                    victim.

                                    4. Considering the fact that the injury caused to the

                    victim is grievous in nature, this Court is not inclined to grant

                    anticipatory bail to the petitioner.

                                    5. Accordingly, this application is dismissed.


                                                               (Sandeep Kumar, J)
Vikas/-
U


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