Patna High Court

Niraj Yadav @ Niraj KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is denied as the injury caused to the informant is grievous.

Summary

The petitioner, Niraj Yadav, sought anticipatory bail fearing arrest in connection with a criminal case (Telhara P.S. Case No. 89 of 2025) filed under multiple sections of the Bharatiya Nyaya Sanhita. He was alleged to have assaulted an informant, causing a grievous head injury. The court examined the seriousness of the injury and the nature of the offences alleged. It held that the grievous injury warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the alleged assault causing grievous injury to the informant

Legislation cited

Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 303(2), 351(2), 351(3), 352

Subjects

anticipatory bail
grievous injury
assault
criminal procedure
Bharatiya Nyaya Sanhita
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80711 of 2025
                       Arising Out of PS. Case No.-89 Year-2025 Thana- TELHARA District- Nalanda
                 ======================================================
                 Niraj Yadav @ Niraj Kumar S/o Sahjanand Yadav R/o Village - Dharambigha,
                 Police Station - Telhara, District - Nalanda
                                                                          ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Anil Kumar Singh, Advocate
                 For the State           :        Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Telhara P.S. Case No. 89 of 2025 instituted under Sections

                   191(2), 190, 126(2), 115(2), 117(2), 109(1), 303(2), 351(3),

                   352 and 351(2) of the Bharatiya Nyaya Sanhita.

                                3. The petitioner is said to have assaulted the

                   informant on his head causing grievous injury.

                                4. Considering the fact that the injury caused to the

                   informant is grievous in nature, I am not inclined to grant

                   anticipatory bail to the petitioner.

                                5. Accordingly, the application stands dismissed.



P. Kumar                                                               (Sandeep Kumar, J)
U      T

Continue reading with your account

Checking your session…