Patna High Court

Dinesh YadavversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: S B P SINGH

Holding

The court held that the petitioner is entitled to anticipatory bail subject to conditions under Section 482 of the Bihar Negotiable and Securitisation Act.

Summary

The petitioner, Dinesh Yadav, sought anticipatory bail fearing arrest in a case involving alleged assault on his mother, Phula Devi, and other offences under various sections of the Bihar Negotiable and Securitisation Act. The prosecution alleged that the petitioner was involved in a family dispute that led to a violent incident on 31‑12‑2025. The petitioner’s counsel argued his innocence, clean antecedent and that the accusations were false and motivated by the family feud. The State opposed the bail. Considering the facts, the clean record and the nature of the dispute, the court exercised its power under Section 482 of the Act and granted anticipatory bail with conditions, including a bond and sureties.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bihar Negotiable and Securitisation Act in view of the alleged offences.
Whether the petitioner’s clean antecedent and the family‑dispute context justify the grant of anticipatory bail.

Subjects

anticipatory bail
Section 482
criminal procedure
assault
family dispute
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22154 of 2026
                       Arising Out of PS. Case No.-98 Year-2025 Thana- TELMAR District- Nalanda
                 ======================================================
                 Dinesh Yadav S/o Gendhari Yadav @ Gandhari Yadav R/o Village - Kajichak,
                 P.S - Telmar, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aditya Kumar
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Telmar P.S. Case No. 98 of 2025 for the offence

                   under Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 74,

                   303(2), 352 and 351(2) of the BNS.

                                3. As per the prosecution case, on 31.12.2025 at about

                   13:00 hours, the informant received a phone call from her

                   husband, Nitish Kumar, who called her to his house at Village

                   Kazichak. Acting upon his request, the informant went there,

                   where she found her cousin sister Khushboo Kumari, who had

                   allegedly married with her husband Nitish Kumar about three

                   years earlier. On seeing the informant, both Nitish Kumar and

                   Khushboo Kumari started abusing her. When she protested, they
Patna High Court CR. MISC. No.22154 of 2026(2) dt.08-04-2026
                                            2/3




          assaulted her mercilessly. On hearing the commotion, the

          informant’s mother, Phula Devi, came to rescue her, who was

          assaulted by the accused persons on her head, causing grievous

          head injury with profuse bleeding. Even when she attempted to

          flee, the accused persons chased her, continued the assault, and

          caused her to fall on the ground in a severely injured condition.

                       4. Learned counsel for the petitioner submits that the

          petitioner is quite innocent, who has committed no offence and

          has falsely been implicated in the present case due to family

          dispute. There is general and omnibus allegation against all the

          accused persons of assaulting Phula Devi. Learned counsel

          further submits that other co-accused namely, Dipu Yadav has

          been granted bail by a Co-ordinate Bench of this Court vide

          order dated 02.04.2026 passed in Cr. Misc. No. 18162 of 2026.

          A statement has been made in para 3 of the bail application that

          petitioner has clean antecedent.

                       5. Learned APP opposes the prayer for bail.

                       6. Keeping in view the aforesaid facts, this Court is

          inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the date

          of receipt of this order, on furnishing bail bond of Rs. 10,000/-
           Patna High Court CR. MISC. No.22154 of 2026(2) dt.08-04-2026
                                                       3/3




                     (Ten thousand) each with two sureties of like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Nalanda, in

                     connection with Telmar P.S. Case No. 98 of 2025 subject to the

                     conditions as laid down under Section 482 of B.N.S.S., as also

                     with the condition that one of the bailors should be close

                     relative of the petitioner.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T

Continue reading with your account

Checking your session…