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Patna High Court

SANJAY YADAVversusThe State of Bihar

Decided
Disposal
DISMISSED

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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