Patna High Court

MADAN YADAV @ MADAN KUMARversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because the nature of the injury and the seriousness of the offences did not warrant such relief.

Summary

The petitioner, Madan Yadav, was implicated in an FIR alleging that he assaulted an informant with a weapon, causing grievous head injuries. The FIR initially charged him under several serious offences, including sections 121, 121A, 122, 126(2), 115(2), 109, 303(2), 352, 351(3) and 3(5) of the Indian Penal Code, with additional charges under sections 190, 191(2) and 191(3) later added. He applied for anticipatory bail, fearing arrest in connection with these charges. The court examined the seriousness of the alleged assault and the nature of the injuries inflicted. Considering the gravity of the offences and the serious injury caused, the court rejected the petition for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether anticipatory bail should be granted to the petitioner accused of offences under sections 121, 121A, 122, 126(2), 115(2), 109, 303(2), 352, 351(3), 3(5) and later 190, 191(2), 191(3) of the IPC.
Whether the nature and seriousness of the injury caused justify denial of anticipatory bail.

Legislation cited

Indian Penal Code — s. 109, 115(2), 121, 121A, 122, 126(2), 190, 191(2), 191(3), 303(2), 3(5), 351(3), 352

Subjects

anticipatory bail
assault
grievous injury
Indian Penal Code
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.88170 of 2025
                            Arising Out of PS. Case No.-21 Year-2024 Thana- Kanaria District- Saharsa
                    ======================================================
                    MADAN YADAV @ MADAN KUMAR S/o Dinanath Yadav R/o vill -
                    Ghoghsam, P.s.- Kanariya, Distt.- Saharsha
                                                                      ... ... Petitioner/s
                                                       Versus
                    The State of Bihar
                                                               ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :         Mr. Krishna Pd. Singh, Sr.Adv.
                                                       Mr. Kumar Gaurav Singh, Adv.
                    For the Opposite Party/s :         Mr.Ram Sevak Choudhary, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      10-02-2026                     Heard learned senior counsel for the petitioner and

                      learned A.P.P for the State.

                                    2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 121, 121(A),

                      122, 126(2), 115(2), 109, 303(2), 352, 351(3), 3(5) of the B.N.S.

                      and later on, Sections 191(2), 191(3), 190 of the B.N.S. were

                      added.

                                    3. As per F.I.R., this petitioner assaulted on the head

                      of informant by means of Farsa, causing grievous injury to him.

                                    4. Considering the nature of injury, the prayer for

                      anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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