Patna High Court
Dinesh Kumar @ Dinesh yadavversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is not maintainable where the accused have already surrendered and are on bail; they must approach the concerned court for regular bail within six weeks.
Summary
The petitioners, three brothers from Kako, Jehanabad, sought anticipatory bail after being implicated in a case (PS No 94 of 2024) involving offences under Sections 147, 149, 341, 323, 427, 504 and 506 of the IPC for assaulting an informant and his family. The prosecution later filed a charge‑sheet under the non‑bailable Section 307 IPC, and cognizance was taken. The petitioners argued that they had already surrendered and were on bail, and therefore should not be denied bail unless there was misuse. The Court observed that anticipatory bail is not maintainable when the accused have already surrendered and are on bail, but referred to Mahendra Prasad Singh v. State of Bihar, allowing them to appear before the concerned court within six weeks to seek regular bail. Consequently, the anticipatory bail application was disposed of.
Issues considered
- Whether anticipatory bail can be granted when the accused have already surrendered and are on bail
- Whether the petitioners can be denied bail after a charge‑sheet under a non‑bailable offence (Section 307 IPC) is filed
Legislation cited
- Indian Penal Code — s. 147, 149, 307, 323, 341, 427, 504, 506
Subjects
- anticipatory bail
- bail
- non‑bailable offence
- Section 307 IPC
- criminal procedure
- Bihar
- surrender
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19451 of 2026
Arising Out of PS. Case No.-94 Year-2024 Thana- KAKO District- Jehanabad
======================================================
1. Dinesh Kumar @ Dinesh yadav Son of Baleshwar Yadav Resident Of
Village - Tiwari Bigha, P.S. - Kako, Dist. - Jehanabad.
2. Ramesh Kumar Son of Baleshwar Yadav Resident Of Village - Tiwari Bigha,
P.S. - Kako, Dist. - Jehanabad.
3. Yugesh Kumar Son of Baleshar Yadav Resident Of Village - Tiwari Bigha,
P.S. - Kako, Dist. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Neeraj, Advocate
For the State : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Kako P.S. Case No. 94 of 2024 in a case
registered for the offence punishable under Sections 147, 149, 341,
323, 427, 504 and 506 of the IPC.
3. As per the prosecution case, on 24.03.2024, at about
12:00 pm, the accused persons including these petitioners
intercepted the informant at his doorstep, assaulting him with
sticks and stones following a verbal altercation. When informant’s
family members came there to save him, the accused persons
assaulted them and also damaged his home and vehicle.
4. Learned counsel for the petitioners submits, at the
outset, that initially the case was registered under bailable sections
Patna High Court CR. MISC. No.19451 of 2026(2) dt.06-04-2026
2/2
and the petitioners had also been granted bail and had furnished
their bail bonds. However, subsequently, charge-sheet was
submitted under non-bailable Section of Section 307 of the IPC
and cognizance was also taken thereupon.
5. Taking into consideration the fact that the petitioners
have already surrendered before the jurisdiction of the court
earlier, the present anticipatory bail would not be maintainable.
However, in the light of the judgment passed in the case of
Mahendra Prasad Singh Vs. The State of Bihar reported in
2004 (3) PLJR 491, the petitioners would appear before the Court
concerned within six weeks and the Court concerned would
consider their prayer for bail in accordance with law keeping in
view the well established principle that the person, who is already
on bail shall not be denied such privilege unless there is any
allegation of misuse.
6. With the aforesaid observation, the present
application is disposed of.
(Soni Shrivastava, J)
priyanka/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.