Patna High Court
Dipak Kumar @ Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Dipak Kumar Yadav, was accused of assaulting an informant and his son with an iron rod and dab, alleged under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S. He claimed innocence, stating the incident stemmed from a minor village dispute and that the charges were vague and omnibus. The State opposed his request for anticipatory bail. The court noted the general nature of the accusation, the petitioner’s clean antecedents, and the lack of specific overt act evidence. Consequently, the court allowed the prayer for anticipatory bail, directing that if arrested within eight weeks, he be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the general and omnibus nature of the allegations and his clean antecedents.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal law
- assault
- clean antecedents
- general and omnibus accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1608 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- AANDAR District- Siwan
======================================================
Dipak Kumar @ Deepak Yadav Son of Osihar Yadav Resident of Village -
Sonbarsa Itahi Tola(Pachabarwan), P.S. - Andar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bijay Prakash Singh, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109(1), 352 and 3(5) of the B.N.S..
3. As per prosecution case, there is allegation against
this petitioner that he, along with other F.I.R. named accused
persons, assaulted informant and his son by means of iron rod
and dab.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Both parties are co-villagers and due to
petty dispute over path way, simple maar-peet took place.
Allegation of assault is general and omnibus and no specific
Patna High Court CR. MISC. No.1608 of 2026(2) dt.28-01-2026
2/2
accusation of overt act has been alleged against this petitioner.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-1st Class,
Siwan in connection with Andar P.S. Case No. 273 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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