Patna High Court

Gayama Yadav @ AjayversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The Court refused to grant anticipatory bail, holding that the allegations of repeated assault and injury were sufficient to deny the relief.

Summary

The petitioner, Gayama Yadav (also known as Ajay), sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 109 and 352 of the Bihar Non‑Specific Act, 2023. The FIR alleges that his buffaloes grazed the informant’s field, leading the petitioner to assault the informant repeatedly, causing injuries to the head and elbows, and also assaulting a third person, Anandi Singh, who intervened. The petitioner contended that the allegations were false and that the FIR did not accurately reflect the injuries sustained. The State opposed the bail, emphasizing the seriousness of the repeated assaults and the injuries to a vital part of the body. After considering the State’s submissions, the Court declined to grant anticipatory bail, finding the allegations sufficient to deny the relief. Consequently, the anticipatory bail application was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged assaults and injuries alleged in the FIR.

Legislation cited

BNS, 2023 — s. 109, 115, 117, 126, 352

Subjects

anticipatory bail
assault
FIR
false implication
Criminal Procedure Code
Bihar Non‑Specific Act
Sections 126(2)
Sections 115(2)
Sections 117(2)
Sections 109
Sections 352

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86919 of 2025

                         Arising Out of PS. Case No.-79 Year-2025 Thana- RUPO District- Nawada
                 ======================================================
                 Gayama Yadav @ Ajay S/o Late Arjun Yadav Resident of Village- Benipur,
                 P.S.- Rupau, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 117(2), 109 and 352 of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that buffaloes of petitioner were grazing the field of the

                   informant, on objection, petitioner assaulted him by Khanti

                   causing injury on head and thereafter repeated the blow causing

                   injury on right elbow, further again repeated the blow causing

                   injury on left elbow and also assaulted Anandi Singh who came
Patna High Court CR. MISC. No.86919 of 2025(2) dt.04-02-2026
                                            2/3




          to save him and fled when people gathered.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that on a

          trivial issue of grazing of the field by buffalo of the petitioner,

          the occurrence is alleged to have taken place.

                       5. Learned A.P.P. for the State vehemently opposes

          the anticipatory bail application and submits that no doubt on a

          trivial issue, the occurrence is alleged to have taken place, but

          then from perusal of the allegations as alleged in the FIR, it

          would manifest that petitioner repeatedly assaulted the

          informant and even assaulted Anandi who came to save him, on

          which the learned counsel appearing on behalf of the petitioner

          submits that in the FIR, it is alleged that petitioner assaulted the

          informant thrice, but then from the order impugned, it would

          manifest that informant suffered only two injuries, as such, the

          allegation stands belied, on which the learned APP submits that

          FIR is not an encyclopedia and allegation is of assaulting the

          informant repeatedly and also on vital part of the body i.e. head.

                       6. Considering the submissions made by the learned

          APP for the State, the Court is not inclined to extend the
            Patna High Court CR. MISC. No.86919 of 2025(2) dt.04-02-2026
                                                        3/3




                      privilege of anticipatory bail to the petitioner.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…