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Patna High Court

Dinesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted as there is no specific allegation against the petitioners and parity with co‑accused who were released on bail.

Summary

The petitioners, Dinesh Kumar Yadav and Asha Devi, applied for bail in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging they were falsely implicated in the death of a grandfather during a dispute. The prosecution alleged that the accused assaulted the informant and his family, leading to the grandfather's death. The petitioners argued they have no specific allegations against them, one has no prior record and the other has a single antecedent, and that similarly situated co‑accused had been released on bail. The State opposed the bail. Considering the lack of specific charges, the period of custody, and parity with co‑accused, the Court inclined to grant bail, ordering the petitioners to furnish bail bonds of Rs. 15,000 each with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.
  • Whether the absence of specific allegations against the petitioners and the principle of parity with co‑accused warrant bail.
  • Whether the prior criminal antecedent of petitioner No.2 affects the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 103
  • Section 3
  • false implication
  • parity
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.1846 of 2026
                   Arising Out of PS. Case No.-384 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
           1.     Dinesh Kumar Yadav S/o Sitai Yadav R/o Village- Kukrupatti, PS-
                  Babubarhi, Distt- Madhubani
           2.    Asha Devi W/o Ram Kumar Yadav @ Ram Kumar R/o vill - Kukrupatti,
                 P.s.- Babubarhi, Distt.- Madhubani, Bihar, Correspondence Address - House
                 no. 334, Gali no. 6, Phool Bagh Colony, Meerut, P.s.- Nochandi, Distt.-
                 Meerut, U.P.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pintu Kumar Patel, Advocate
                 For the Opposite Party/s :      Mr. Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Babubarhi P.S. Case No. 384 of 2025 instituted for the offence

                   under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.       As per prosecution case, the informant alleged that

                   on 31.08.2025 at about 21:30 PM, while he was making a video

                   during Ganesh Puja idol immersion in the village, Dilip Kumar

                   Yadav started assaulting him, leading to a dispute. Later, the

                   accused persons allegedly came to his house and assaulted him
Patna High Court CR. MISC. No.1846 of 2026(2) dt.10-03-2026
                                            2/3




          and his family members with lathis, during which his

          grandfather Sangam Yadav sustained injuries and subsequently

          died during treatment.

                  4.      It has been submitted on behalf of the petitioners

          that the petitioners are in custody since 01.09.2025. Petitioner

          No.1 bears no criminal antecedents, whereas petitioner No.2

          bears one criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioners’

          counsel that petitioners have been falsely implicated in the

          present case. Learned counsel for the petitioners submits that

          there is general and omnibus allegation levelled against the

          petitioners. It is next submitted that deceased died due to old age

          and taking advantage of the situation, the petitioners have been

          implicated in this case. Charge sheet has already been submitted

          in this case. Similarly situated co-accused persons have been

          enlarged on bail by a Co-ordinate Bench of this Court vide order

          dated 20.02.2026, passed in Cr. Misc. No. 363 of 2026.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioners, there being no
           Patna High Court CR. MISC. No.1846 of 2026(2) dt.10-03-2026
                                                       3/3




                     specific allegation against the petitioners and claim based on

                     parity, this Court is inclined to grant bail to the petitioners.

                             8.      Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Babubarhi P.S. Case

                     No. 384 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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