Patna High Court
Dinesh Kumar @ Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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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