Patna High Court
Dinesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
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
Checking your session…