Patna High Court

Dinesh Yadav @ Dinesh KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that anticipatory bail is warranted and ordered release on bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Dinesh Yadav and Birendra Yadav, were accused of forcibly obtaining Rs.2 lakh from an informant by promising to supply labourers for a brick kiln, alleged under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. They contend that they had a long‑standing labour‑supply relationship with the informant and that the case arose from a monetary dispute, making the charges false. The State opposed anticipatory bail, while the petitioners offered to cooperate with the investigation. Considering the background of the dispute and the petitioners' willingness to cooperate, the Court granted anticipatory bail, directing them to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S. 2023. The order releases the petitioners from arrest for six weeks, pending further proceedings.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the allegations constitute a case where arrest is necessary despite the petitioners' claim of innocence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 308(3), 318(4), 319(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
Bharatiya Nagarik Suraksha Sanhita
section 482
labour supply dispute
criminal procedure
bail conditions
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14614 of 2026
                    Arising Out of PS. Case No.-567 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
            1.    Dinesh Yadav @ Dinesh Kumar S/O Late Madusudan Yadav R/O village-
                  Tika Bigha, P.S.- Warisaliganj, District- Nawada
            2.    Birendra Yadav @ Birendra Kumar S/O Kishori Yadav @ Kishori Prasad
                  R/O village- Tika Bigha, P.S.- Warisaliganj, District- Nawada
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-03-2026             Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                           2. The petitioners apprehend their arrest in a case

                   registered under Sections 126(2), 115(2), 352, 351(2), 308(3),

                   319(2), 318(4) and 3(5) of the B.N.S.

                           3. As per prosecution case, the allegation against the

                   petitioners is that they called the informant and his brother at

                   their village for supply of labourers and took them to the office

                   of brick kiln. It is further alleged that the accused persons

                   including petitioners forcibly got Rs.2 lakhs transferred in their

                   account from the informant and did not supply labourers to the

                   informant.

                           4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in this
           Patna High Court CR. MISC. No.14614 of 2026(2) dt.12-03-2026
                                                       2/2




                     case. Petitioners used to supply labourers to the informant for

                     his brick kiln for a long time. Since monetary dispute arose

                     between the parties, a false case has been lodged against the

                     petitioners. The petitioners undertake to cooperate in the

                     investigation and the trial.

                             5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                             6. Considering the facts and circumstances of the case,

                     submissions of learned counsel for the parties and the facts that

                     petitioners used to supply labourers to the informant for his

                     brick kiln for a long time and monetary dispute arose between

                     them, in the event of arrest or surrender before the Court below

                     within six weeks from today, the petitioners be released on bail

                     on furnishing bail bonds of Rs.10,000/- (ten thousand) each with

                     two sureties of the like amount each to the satisfaction of

                     learned Additional Chief Judicial Magistrate-IV, Nawada in

                     connection with Warisaliganj P.S. Case No.567 of 2025, subject

                     to the conditions as laid down under Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T

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