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Patna High Court

Dinesh Kumar @ Dinesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the evidence established the petitioner’s involvement in the assault.

Summary

The petitioner, Dinesh Kumar, sought anticipatory bail after being implicated in a FIR (Bahadurpur P.S. Case No. 541/2025) for multiple offences under the BNS Act, including assault and causing grievous injury. The prosecution alleged that the petitioner inflicted a brick blow causing a fracture to the victim's parietal bone. The petitioner argued that there was a case and counter‑case with injuries on both sides, citing an annexure to support his claim. The State, represented by the APP, contended that the Sessions Judge’s order clearly established the petitioner’s role in causing the fracture. The Court examined the medical evidence and the Sessions Judge’s findings, concluding that the facts supported the prosecution’s case. Consequently, the Court held that no grounds existed for granting anticipatory bail and rejected the petitioner's application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the alleged assault and injury under the BNS Act.

Legislation cited

  • BNS Act — s. 109, 115(2), 126(2), 127(2), 190, 191(1), 24, 303(2), 351(2), 352

Subjects

  • anticipatory bail
  • assault
  • injury
  • BNS Act
  • criminal procedure
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21646 of 2026
                  Arising Out of PS. Case No.-541 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Dinesh Kumar @ Dinesh Yadav Son of Jay Narayan Yadav Resident of
                 Village- Pokharsham, P.S.- Bahadurpur, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :     Mr.Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                  Heard Mr.Ashok Kumar Jha, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending arrest in connection

                   with     Bahadurpur P.S Case No. 541/2025 registered for the

                   offences U/s 191(1), 190, 126(2), 115(2), 109, 24, 303(2),

                   127(2), 351(2), 352 of BNS Act lodged on 20.12.2025 by the

                   informant, Pradeep Kumar Yadav.

                                3. As per the prosecution story, the informant alleged

                   that due to filling of soil, the accused persons including this

                   petitioner assaulted them. The allegation against this petitioner

                   is of giving brick blow causing injury on the head. This led to

                   the FIR.

                                4. Learned counsel for the petitoner submits that there

                   is case and counter case in which both sides suffered injuries
             Patna High Court CR. MISC. No.21646 of 2026(2) dt.16-04-2026
                                                         2/2




                       which can also be reflected from Annexure-P/3 which relates to

                       his injury.

                                     5. Learned APP opposes the prayer submitting that the

                       learned Sessions Judge order would clearly show that the

                       injured suffered fracture in his parietal bone which has been

                       inflicted by this petitioner.

                                     6. Considering the submissions of the parties as also

                       the injury that has been recorded by the order of          learned

                       Sessions Judge, no case for anticipatory bail is made out.

                       Accordingly, the same is rejected.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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