Patna High Court
Phani Lal YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted due to the serious nature of the allegations.
Summary
The petitioner, Phani Lal Yadav, applied for anticipatory bail in a case registered under sections 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2) and 3(4) of the B.N.S., 2023, alleging that he assaulted a victim with a spade causing grievous injury. The court examined whether the seriousness of the alleged assault warranted the grant of anticipatory bail. Considering the nature and gravity of the allegations, the judge was not inclined to grant bail. Consequently, the anticipatory bail application was dismissed. The petitioner was directed to surrender within two weeks and seek regular bail before the lower court, failing which the police were instructed to arrest him.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault with a spade causing grievous injury under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(4), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- criminal procedure
- B.N.S. 2023
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91121 of 2025
Arising Out of PS. Case No.-212 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Phani Lal Yadav S/O Late Anirudh Yadav R/O Village- Ramghat Jharkaha,
Ward no. 1, P.S.- Narpatganj, Dist.- Araria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rabi Bhushan, Advocate
For the State : Mr. Shyam Kumar Singh, APP
For the Informant : Mr. Kundan Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. This application for anticipatory bail arises
out of Narpatganj P.S. Case No.212 of 2025 registered for the
offence under sections 126(2), 115(2), 118(1), 117(2), 109, 352,
351(2) and 3 (4) of the B.N.S., 2023.
3. The petitioner is accused of assaulting the
victim with a spade causing grievous injury.
4. Considering the nature of allegation, I am
not inclined to grant anticipatory bail to the petitioner.
Accordingly, this bail application is dismissed.
5. The petitioner is directed to surrender before
the Court below within a period of two weeks from today and
seek regular bail. If he does so, his application for regular bail
Patna High Court CR. MISC. No.91121 of 2025(3) dt.28-01-2026
2/2
shall be considered by the learned Court below on its own merit
without being prejudiced by rejection of present application for
grant of anticipatory bail. If the petitioner does not surrender
within two weeks from today, the Superintendent of Police,
Araria shall take all steps for arresting the petitioner.
6. Let a copy of this order be communicated to
the Superintendent of Police, Araria forthwith through FAX or
e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U
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