Patna High Court
Vijay Kumar @ Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The High Court disposed of the anticipatory bail application, directing the petitioners to re‑apply before the lower court with the injury report for proper consideration.
Summary
The petitioners, Vijay Kumar and Yogendra Yadav, filed an anticipatory bail application fearing arrest in connection with a criminal case (Dhangai P.S. Case No. 17 of 2020) that alleged offences under several sections of the Indian Penal Code and sections 3 and 4 of the Dian Act. The High Court observed that the lower court’s order had not taken into account the injury report filed in the case. Consequently, the Court held that the application could not be disposed of on the present record. The petitioners were directed to approach the subordinate court again for anticipatory bail, this time ensuring that the injury report is produced. The High Court ordered that the lower court, upon receiving the injury report, should decide the bail application in accordance with law.
Issues considered
- Whether anticipatory bail can be granted when the injury report has not been considered by the lower court
- Whether the lower court erred in disposing of the anticipatory bail application without examining the injury report
Legislation cited
- Indian Penal Code — s. 147, 308, 323, 341, 354A, 379, 504
Subjects
- anticipatory bail
- injury report
- Indian Penal Code
- Dian Act
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88009 of 2025
Arising Out of PS. Case No.-17 Year-2020 Thana- DHANGAI District- Gaya
======================================================
1. Vijay Kumar @ Vijay Yadav S/O Late Ramdeo Yadav R/O Vill.-
Nawadih,P.S- Dhangai,Dist- Gaya
2. Yogendra Yadav @ Yogendra Kumar S/O Dasrath Yadav R/O Vill.-
Nawadih,P.S- Dhangai,Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate
For the State : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Dhangai P.S. Case No. 17 of 2020 instituted under Sections 147,
341, 323, 504, 354(A), 308, 379 of the Indian Penal Code and
3/4 of the Dian Act.
3. From the impugned order, it appears that the injury
report has not been considered and discussed by the Court
below.
4. This application is disposed of with liberty to the
petitioners to moved the Court below again for anticipatory bail.
5. If the petitioners move the Court below for grant of
Patna High Court CR. MISC. No.88009 of 2025(2) dt.15-01-2026
2/2
anticipatory bail, the Court below will call for the injury report
and thereafter pass an order in accordance with law.
(Sandeep Kumar, J)
P. Kumar
U T
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