Patna High Court
Dilkhush Yadav @ Rajeev RanjanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioner, subject to conditions, if he is arrested or surrenders within six weeks.
Summary
The petitioner, Dilkhush Yadav, sought anticipatory bail fearing arrest in a case (PS Case No.294 of 2025) involving alleged robbery, assault, and possession of illicit liquor, with charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioner and others intercepted an informant and his son, demanding money and valuables, and that the FIR was lodged four days after the incident. The petitioner contended innocence, highlighted the simple nature of the injury, the informant’s son being an accused elsewhere, and the delay in filing the FIR, while also noting his prior bail in related excise cases. The State opposed the anticipatory bail. Considering the facts, the nature of the allegations, and the simple injury, the Court ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Whether the delay in lodging the FIR and the nature of the injury justify granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(2), 115(2), 126(2), 303(2), 308(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- bail
- criminal procedure
- simple injury
- delay in FIR
- false implication
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18043 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Dilkhush Yadav @ Rajeev Ranjan S/o Harikant Yadav R/o Village - Bahorwa,
P.S - Kusheshwar Asthan, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate.
For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kusheshwar Asthan P.S. Case No.294 of 2025 instituted
under Sections 126(2), 115(2), 109(2), 308(4), 303(2), 352,
351(2), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, a container loaded with
illicit liquor was sized by Singhiya Police on the information
given by son of the informant and accordingly Singhiya P.S.
Case No.163 of 2025 was registered. It is alleged that all the
accused including the petitioner armed with various weapons
intercepted the informant and his son while they were returning
from market and had assaulted them. It is also alleged that
Patna High Court CR. MISC. No.18043 of 2026(2) dt.25-03-2026
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accused persons have demanded a sum of Rs.25,000/- as
rangdari and snatched wrist watch, gold chain and Rs.1,000/-.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the injury to the injured is simple
in nature. Learned counsel submits that son of the informant
who is injured is himself an accused in several cases. Learned
counsel submits that there is delay of 4 days in lodging the
F.I.R. without any plausible explanation. He further submits that
petitioner has two criminal antecedents relating to Excise Act, in
which he is on bail and he undertakes to cooperate in the
investigation and trial of the case.
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
nature of allegation as well as the fact that the injury to the
injured is simple in nature, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount to each to the satisfaction of the learned S.D.J.M.,
Patna High Court CR. MISC. No.18043 of 2026(2) dt.25-03-2026
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Biraul/ concerned Court in connection with Kusheshwar Asthan
P.S. Case No.294 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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