Patna High Court
Gorelal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail cannot be granted where the petitioner is specifically alleged to have caused a grievous injury, as the seriousness of the offence outweighs the presumption of innocence.
Summary
The petitioners, Gorelal Yadav and Ashok Yadav, applied for anticipatory bail after being implicated in a case alleging they assaulted an informant with sticks, causing a fracture of the tibia, a grievous injury. The FIR details that the accused entered the informant’s house armed and inflicted injuries, also damaging property. The petitioners claimed innocence, arguing the dispute was minor and no vital part of the body was injured. The State opposed, emphasizing the specific allegation of causing a grievous fracture. The Court, considering the seriousness of the offence and the specific allegation of grievous injury, declined to grant anticipatory bail, though it allowed the petitioners to seek regular bail upon surrender. The order thus rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted when the accused is specifically alleged to have caused a grievous injury under the Bharatiya Nyaya Sanhita.
- Whether the nature and seriousness of the alleged assault justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 324(4), 329(4), 352, 76
Subjects
- anticipatory bail
- grievous injury
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail jurisprudence
- injury to tibia
- Jamui
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87119 of 2025
Arising Out of PS. Case No.-862 Year-2024 Thana- JAMUI District- Jamui
======================================================
1. Gorelal Yadav S/o Lakhan Yadav R/o Village - Theghua, PS - Jamui, District
- Jamui
2. Ashok Yadav S/o Shyam Yadav R/o Village - Theghua, PS - Jamui, District -
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail,
arises out of Jamui Police Station Case No. 862 of 2024,
disclosing offence under Sections 191(2), 190, 329(4),
126(2), 115(2), 117(2), 109, 352, 76 324(4) of Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, as per the First
Information Report is that on 31.12.2024 at around 05:00
AM, all the accused persons including petitioners armed
with sticks, rods and khanti, entered into the informant’s
house and assaulted him, causing fractures of both legs.
Patna High Court CR. MISC. No.87119 of 2025(3) dt.19-03-2026
2/3
Gorelal Yadav (petitioner no.1) and Ashok Yadav (petitioner
no.2) were specifically alleged to have assaulted with
khanti and rod, respectively, while other accused persons
assaulted the family members of the informant over a
dispute regarding releasing water on the road. Co-accused
Lakhan Yadav and Girdhan Yadav assaulted the informant’s
mother, causing head injury and outraged her modesty.
Other family members were also assaulted when they
intervened and also damaged the house, causing a loss of
about Rs. 10,000/-. Police subsequently arrived and shifted
the injured to Sadar Hospital.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in
this case. Both the parties are agnates and the alleged
incident arose due to a minor dispute regarding draining of
water on the road. Nobody has sustained grievous injury on
any vital part of the body.
5. Learned counsel for the State vehemently
opposed the prayer for anticipatory bail and submits that
there is specific allegation against the petitioners that they
assaulted the informant on his leg, causing fracture. The
Patna High Court CR. MISC. No.87119 of 2025(3) dt.19-03-2026
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injury sustained by the informant is grievous in nature,
affecting the mid-shaft of tibia bone.
6. Regards being had to the submissions made on
behalf of the parties and taking into consideration the nature
of allegation and the fact that there is specific allegation
against the petitioners that they assaulted on leg of the
informant Chhotu Kumar Yadav, the injury sustained by the
informant is grievous in nature, affecting the mid-shaft of
tibia bone, I am not inclined to grant the petitioners
privilege of anticipatory bail.
7. Accordingly, the prayer for anticipatory bail is
rejected.
8. However, if the petitioner surrenders before the
concerned Court and seeks regular bail, the same may be
considered by the concerned Court on its own merit without
being prejudiced that anticipatory bail of the petitioner has been
rejected by this Court.
(Anil Kumar Sinha, J)
Siwani/-
U T
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