Dismissed

Mukesh Yadav v. The State of Bihar

Patna HC2 Apr 2025CR. MISC./14275/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought in an assault case under the BNS where the petitioner allegedly attacked the informant's cousin with a sword causing head injuries. The Court found the petitioner's role distinct from co-accused already granted bail, as he was the main assailant, and rejected the anticipatory bail prayer.

What the court decided

AI extract

Mukesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14275 of 2025

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Arising Out of PS. Case No.-390 Year-2024 Thana- NARHATT District- Nawada

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======================================================

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Mukesh Yadav, Son of Bisheshwar Yadav, Resident of Village- Guruchak, P.S.- Narhat, District- Nawada.

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Versus

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The State of Bihar

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... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Birendra Kumar, Advocate. For the State : Mr. Damodar Pd. Tiwary, APP For the informant : Mr. Arjun Prasad No. 1, Advocate. ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 02-04-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail, apprehending his arrest,

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in connection with Narhat P.S. Case No. 390 of 2024 dated 12.11.2024 registered for the offences punishable under Sections 115(2), 126(2), 118(1), 109, 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

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As per allegation, cousin of the informant has been assaulted by the accused persons including the petitioner and specific allegation against the petitioner is that he assaulted the cousin of the informant by sword causing injury on his head and by way of second attack, he caused injury on his hand also when he tried to protect himself against the assault by the

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Patna High Court CR. MISC. No.14275 of 2025(2) dt.02-04-2025 2/3

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petitioner. Thereafter, he was constrained to take treatment at Primary Hospital from where he was referred to Sadar Hospital, Nawada.

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case on account of previous enmity. He further submits that the allegation of the informant is not supported by the injury report because as per injury report, the lacerated wound on scalp has been found, caused by hard and blunt substance, whereas sword ( talwaar ) is a sharp edged weapon. He also submits that other co-accused Mithlesh Yadav and Uday Yadav have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.02.2025 passed in Cr. Misc. 6432 of 2025.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

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However, learned APP for the State and learned counsel for the informant vehemently oppose the prayer of the Petitioner for bail submitting that the alleged offence is serious in nature and there is specific allegation against the petitioner to

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Patna High Court CR. MISC. No.14275 of 2025(2) dt.02-04-2025 3/3

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have assaulted on the head of the cousin of the informant by dangerous weapon like talwaar causing injury on the scalp.

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I considered the submission advanced by both the parties and perused the materials on record. Though, it is true that as per medical opinion, the injury has been caused by hard and blunt substance, but the facts remains that the injury is on the head i.e. vital part of the body and even Talwaar may cause lacerated wound if assault is made by the blunt part of it. The case of the present petitioner is different from the other coaccused because as per the First Information Report, he is the main assailant and there is no specific allegation of assault against other co-accused persons who have been enlarged on anticipatory bail by a co-ordinate Bench of this Court.

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Considering the nature of allegation and material on record, I am not persuaded to enlarge the petitioner on anticipatory bail.

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Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

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(Jitendra Kumar, J)

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S.Ali/- U T

Mukesh Yadav v. The State of Bihar

Case brief

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What the court decided

Mukesh Yadav v. The State of Bihar

Case brief

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