Patna High Court
SANJAY YADAVversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Given the grievous nature of the injury inflicted, the court declined to grant anticipatory bail.
Summary
The petitioner, Sanjay Yadav, filed an application for anticipatory bail in connection with a criminal case (Fatehpur P.S. Case No.139 of 2025) alleging assault causing grievous injury to the victim. The charges arise under sections 126(2), 115(2), 117(2), 303(2), 326(f), 351(2), 352 and 3(5) of the B.N.S., 2023, and the petitioner is also implicated in another criminal case. The primary issue before the court was whether the seriousness of the injury warranted the denial of anticipatory bail. Justice Sandeep Kumar observed that the nature of the injury was serious and therefore was not inclined to grant bail. Consequently, the anticipatory bail application was dismissed and the petitioner was ordered to surrender within four weeks and seek regular bail. The order was communicated to the Senior Superintendent of Police, Gaya for execution.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged grievous injury.
- Whether the nature and seriousness of the alleged assault justify denial of anticipatory bail under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 115(2), 117(2), 126(2), 303(2), 326(f), 3(5), 351(2), 352
Subjects
- anticipatory bail
- grievous injury
- criminal law
- bail denial
- B.N.S., 2023
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81147 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Sanjay Yadav S/O Chandar Yadav Resident Of Village- Dev Chand Pipra-Ps-
Fatehpur,District-Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application for anticipatory bail arises
out of Fatehpur P.S. Case No.139 of 2025 for the offence under
sections 126(2), 115(2), 117(2), 303(2), 326(f), 351(2), 352 and
3(5) of the B.N.S., 2023.
3. The petitioner is said to have assaulted the
victim on his nose causing grievous injury. The petitioner is
accused in one more criminal case.
4. Considering the nature of injury sustained by
the victim, I am not inclined to grant anticipatory bail to the
petitioner. Accordingly, this bail application is dismissed. The
petitioner is directed to surrender before the Court below
without four weeks from today and pray for regular bail, failing
Patna High Court CR. MISC. No.81147 of 2025(3) dt.13-03-2026
2/2
which, the Senior Superintendent of Police, Gaya, will take all
steps for arresting the petitioner.
5. Let a copy of this order be communicated to
the Senior Superintendent of Police, Gaya, forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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