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Patna High Court

Anuj Yadav @ Anuj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Anuj Yadav, applied for regular bail in a case registered under sections 126(2), 115(2), 109(2), 352, 351(2), 351(3) and 3(5) of the Bihar Penal Code, alleging that he assaulted an informant with a single blow of an iron rod causing only simple injury. The prosecution opposed bail, highlighting five prior criminal antecedents. The petitioner’s counsel argued innocence, the single nature of the blow, and the simple injury, also noting that the petitioner had been in judicial custody since 13‑12‑2025. After hearing both sides, the court considered the facts, the nature of the injury, and the petitioner’s custody, and decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Aurangabad.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under multiple sections of the Bihar Penal Code and prior criminal antecedents.
  • Whether the fact that the alleged assault involved a single blow causing only simple injury warrants grant of bail.
  • Whether the duration of the petitioner’s pre‑trial custody justifies release on bail.

Subjects

  • regular bail
  • assault
  • criminal antecedents
  • injury report
  • bail bond
  • sureties
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9430 of 2026
                    Arising Out of PS. Case No.-187 Year-2025 Thana- KUTUMBA District- Aurangabad
                 ======================================================
                 Anuj Yadav @ Anuj Kumar S/O Ajay Yadav R/O Village- Loharchak, P.S-
                 Kutumba, Distt.- Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 109(2), 352, 351(2), 351(3) and 3(5) of BNS.

                                3. The case of the prosecution is that the petitioner has

                   assaulted with iron rod on the head of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is allegation

                   of only single blow and there is no repetition of the blow. From

                   perusal of the injury report, it will transpire that the informant

                   has received simple injury. Moreover, he is languishing in

                   judicial custody since 13.12.2025.
            Patna High Court CR. MISC. No.9430 of 2026(2) dt.19-02-2026
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                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that petitioner is having five criminal antecedents.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Kutumba P.S. Case No. 187 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned S.D.J.M, Aurangabad.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T


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