Patna High Court
Doman Yadav @ Doman Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court allowed anticipatory bail for petitioners No.1, 2 and 4 subject to the conditions of Section 438(2) CrPC, and dismissed the application as withdrawn for petitioner No.3.
Summary
The petitioners, four Yadav brothers, were charged in Belhar Police Station Case No.73 of 2025 for offences under several sections of the Bihar Narcotic Substances Act, 2023, including assault. An application for anticipatory bail was filed. The petitioner identified as No.3 (Pairu Yadav) withdrew his part of the application, which the court dismissed as withdrawn. The court noted that the alleged assault on the victim resulted in only simple injuries. Considering the nature of the injury and the facts, the court granted anticipatory bail to petitioners No.1, 2 and 4, directing them to furnish a bail bond of Rs 10,000 with two sureties each, within six weeks of arrest, subject to conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to petitioners No.1, 2 and 4 under Section 438 CrPC.
- Whether the withdrawal of the bail application by petitioner No.3 is permissible.
- Whether the simple nature of the victim's injury justifies granting bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 324(2), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- simple injury
- bail bond
- surety
- Section 438 CrPC
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12027 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- BELHAR District- Banka
======================================================
1. Doman Yadav @ Doman Kumar Yadav S/O Kailu Yadav.
2. Deepak Yadav @ Deepak Kumar @ Deepak Kumar Yadav S/O Kailu Yadav.
3. Pairu Yadav @ Dilip Yadav @ Dilip Kumar S/O Indradeo Yadav.
4. Jitar Yadav @ Jitendra Yadav @ Jitendra Kumar S/O Subhit Yadav @
Sudhir Yadav @ Sumit Yadav.
All resident of village- Chaithi, Police Station- Belhar, District-
Banka.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Balram Kapri, Advocate
For the Opposite Party : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Belhar P.S. Case No.73 of 2025 for the offence
punishable under Sections 126(2), 115(2), 118(1), 109, 74,
324(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner seeks
permission to withdraw this bail application on behalf of
petitioner no.3, namely, Pairu Yadav @ Dilip Yadav @ Dilip
Kumar.
4. Accordingly, this bail application is
dismissed as withdrawn as against the petitioner no.3, above
named.
Patna High Court CR. MISC. No.12027 of 2026(2) dt.24-02-2026
2/2
5. Though the allegation against the petitioner
nos.1, 2 and 4 is of assaulting the victim but the injury sustained
the victim is simple in nature.
6. Considering the aforesaid facts, this
application is allowed.
7. Let the petitioner nos.1, 2 and 4, above
named, in the event of their arrest/surrender within six weeks
from today in the Court below, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Banka / concerned Court below, in
connection with Belhar P.S. Case No.73 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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