Patna High Court
PRAMOD YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is denied where the alleged injury is grievous, but may be granted to a minor accused with no antecedent, subject to conditions.
Summary
The petitioners, brothers Pramod Yadav and Dhanu Yadav, sought anticipatory bail in connection with a FIR (Kateya PS Case No. 502 of 2025) alleging offences under sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the Indian Penal Code/CrPC. The prosecution alleged that Pramod assaulted the complainant with a stick causing a grievous head injury, while Dhanu was alleged to have attempted to outrage the complainant’s modesty. The court examined the seriousness of the injury to Pramod and his criminal antecedents, and found the injury to be grievous, thereby rejecting his anticipatory bail. In contrast, Dhanu, who is 18 years old, has no prior record and the allegations against him are less severe; the court therefore granted him anticipatory bail with strict conditions. The order directs that Dhanu be released on bail within four weeks upon furnishing a bond and sureties, and outlines conditions regarding appearance, cooperation with investigation, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted to Pramod Yadav where the alleged injury is grievous in nature.
- Whether anticipatory bail can be granted to Dhanu Yadav considering his age, lack of criminal antecedent, and the nature of the allegations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 3(5)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 352
Subjects
- anticipatory bail
- grievous hurt
- assault
- age of accused
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9925 of 2026
Arising Out of PS. Case No.-502 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
1. PRAMOD YADAV S/o LATE SUBASH YADAV R/O VILL-
BETWANIYA, P.S.- KATEYA, DISTT- GOPALGANJ
2. Dhanu Yadav S/o Late Subash Yadav R/O VILL- BETWANIYA, P.S.-
KATEYA, DISTT- GOPALGANJ
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Raj, Advocate
Mr. Diwakar Pandey, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-02-2026 Heard Ms. Priya Raj, learned counsel for the petitioners
and the State
2. The petitioners are apprehending their arrest in
connection with Kateya P.S. Case No. 502 of 2025 for the offence
under sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the
BNS lodged on 02.09.2025 by the informant, Pooja Kumari.
3. As per the prosecution story, the informant alleged
that on the minor issue, the accused persons abused and later,
Pramod Yadav (petitioner no. 1) assaulted with ‘kudal’ on the
head while Dhanu Yadav (petitioner no. 2) tried to outrage the
modesty. This led to the FIR.
4. Learned counsel for the petitioner submits that they
are agnates, having no criminal antecedent and only because of
Patna High Court CR. MISC. No.9925 of 2026(2) dt.26-02-2026
2/3
enmity, implicated.
5. Learned APP, on the other hand, has taken this Court
to the learned Sessions Judge order to show that the injury
inflicted by Pramod Yadav (petitioner no. 1) has been found to be
grievous in nature.
6. Considering the submissions of the parties as also
that the injury that has been inflicted by Pramod Yadav (petitioner
no. 1) on the head which has been found grievous in nature, no
relief can be extended to him and his anticipatory bail application
stands rejected.
7. So far as petitioner no. 2, Dhanu Yadav is concerned,
considering the allegation that has come against him coupled with
the fact that he has no criminal antecedent and is only eighteen
years of age, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. Let the petitioner no. 2, Dhanu Yadav be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount each
to the satisfaction of learned District and Additional Sessions
Judge-II, Gopalganj in connection with Kateya P.S. Case No. 502
of 2025 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.9925 of 2026(2) dt.26-02-2026
3/3
member/relative of the petitioner no. 2, Dhanu Yadav who shall
provide official document (Aadhaar Card/Voter ID Card/Pan
Card/Driving License) to show his/her bona fide;
(ii) the petitioner no. 2, Dhanu Yadav shall appear on
each and every date before the Trial Court and failure to do so for
two consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner no. 2, Dhanu Yadav shall be
appearing before the Police Station as and when required for
cooperating in the investigation;
(iv) the petitioner no. 2, Dhanu Yadav shall in no way
try to induce or promise or threat the witnesses or tamper with the
evidences, failing which the State shall be at liberty to take steps
for cancellation of the bail bonds;
(v) the petitioner no. 2, Dhanu Yadav shall desist from
committing any criminal offence again, failing which the State
shall be at liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…