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Patna High Court

Vijay Kumar @ Vijay YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Vijay Kumar, sought anticipatory bail fearing arrest in a case (Saharsa Sadar PS Case No. 1139 of 2024) alleging assault and causing grievous injury to a police informer under several sections of the Bihar Penal Code. The prosecution alleged that the petitioner assaulted the victim because the victim was acting as an informer, resulting in serious injuries. The High Court examined the seriousness of the allegations and the nature of the injury inflicted. Considering the gravity of the offence and the grievous injury, the Court declined to grant anticipatory bail. Instead, the petitioner was ordered to surrender within four weeks and to apply for regular bail, which would be considered on its own merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences.

Subjects

  • anticipatory bail
  • grievous injury
  • assault
  • criminal procedure
  • bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80773 of 2025
                  Arising Out of PS. Case No.-1139 Year-2024 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Vijay Kumar @ Vijay Yadav Son of Shivji Yadav Resident of Village -
                 Simraha Tola Rajwara, Ward No.- 04, Police Station - Saharsa Sadar, District
                 - Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar Singh
                 For the Opposite Party/s :      Mr.Yogendra Kumar Singh
                 ======================================================
                 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 Saharsa Sadar P.S. Case No. 1139 of 2024

                   registered for the offence under Sections 126(2), 115(2), 118(1),

                   109, 303(2), 352, 351(2), 351(3), 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner is

                   said to have assaulted the victim for the reason that he was

                   working as informer to the police causing grievous injury to the

                   victim.

                                   4. Considering the nature of allegation levelled

                   against the petitioner and the fact that injury caused to the

                   victim is grievous in nature, this Court is not inclined to grant
          Patna High Court CR. MISC. No.80773 of 2025(4) dt.10-03-2026
                                                      2/2




                    anticipatory bail to the petitioner.

                                    5. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail. If the petitioner surrenders and prays for regular bail then

                    the same shall be considered on its own merits by the Court

                    below without being prejudiced by the fact that the anticipatory

                    bail application of the petitioner has been rejected by this court.




                                                                (Sandeep Kumar, J)
Vikas/-

U


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