Patna High Court
Dhanji YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Dhanji Yadav and Guddu Yadav, were charged under IPC sections 341, 323, 504, 307, 379 and 34 for allegedly assaulting an informant, using a sword to strike his head and snatching his gold chain. They contended that the incident arose from a trivial quarrel in which both sides sustained injuries and that the allegations were general and omnibus. The State opposed bail, emphasizing the seriousness of the offences, particularly attempt to murder and theft. The petitioners had been in custody since 22‑11‑2025 and a chargesheet had been filed. After considering the facts, the court ordered their release on bail with a bond of Rs 10,000 each and two sureties.
Issues considered
- Whether bail can be granted to the accused despite charges of attempt to murder, theft and other offences under the IPC.
- Whether the nature of the alleged assault and theft justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- bail
- IPC
- assault
- attempt to murder
- theft
- common intention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1245 of 2026
Arising Out of PS. Case No.-275 Year-2023 Thana- BIHIA District- Bhojpur
======================================================
1. Dhanji Yadav S/o Deep Narayan Singh @ Deep Narayan Yadav Resident of
Village- Chakarahi, P.S.- Bihiya, District- Bhojpur Arrah
2. Guddu Yadav S/o Deep Narayan Yadav @ Deep Narayan Singh Resident of
Village- Chakarahi, P.S.- Bihiya, District- Bhojpur Arrah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandan Kumar Verma
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for
offence under Sections 341, 323, 504, 307, 379 and 34 of the
Indian Penal Code .
3. As per the prosecution case, on the alleged date
and time of occurrence, all the F.I.R. named accused persons
including these petitioners abused and assaulted informant &
other family members. Petitioner no. 2 assaulted on the head of
informant with sword, whereas co-accused Satya Narayan
Yadav snatched gold chain from neck of informant.
4. Learned counsel for the petitioners submits that on
a trivial issue, quarrel took place between the parties, in which,
both sides sustained injuries. Case and counter case. Allegation
of assault is general and omnibus. Injury, caused by petitioner
Patna High Court CR. MISC. No.1245 of 2026(2) dt.13-02-2026
2/2
no. 2, is simple in nature. Petitioners are in custody since
22.11.2025. Chargesheet has been submitted.
5. Learned A.P.P. for the State vehemently opposed
the bail petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners 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 learned Judicial
Magistrate – VII, Bhojpur at Ara / concerned Court in
connection with Bihiya P.S. Case No. 275 of 2023.
(Prabhat Kumar Singh, J)
anay
U T
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