Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41493 of 2026 Arising Out of PS. Case No.-14 Year-2026 Thana- MOHANPUR District- Jamui ====================================================== Raj Kumar Yadav S/o Tenkaha Yadav R/o Village - Magahi, P.S - Mohanpur, District - Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-07-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Mohanpur P.S. Case No. 14 of 2026, lodged on 13.02.2026, under Section 126(2)/115(2)/351(2)/109 of the Bhartiya Nyay Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Jamui.

3. As per the prosecution, FIR has been lodged against the sole accused with allegation that he has assaulted the informant with iron rod due to which he sustained injury on his head.

Patna High Court CR. MISC. No.41493 of 2026(2) dt.01-07-2026 2/2

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that all the sections mentioned in the FIR are bailable in nature. He submits that the invocation of Section 109 of BNS is entirely unjustified and an over-exaggeration of the facts. Counsel submits that antecedent of the petitioner is clean and he ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation of assault against the petitioner on the head of the informant.

6. Considering the nature of allegation against the petitioner, the prayer for anticipatory bail of petitioner is hereby refused. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered on the same day without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./Rakesh/- U T