Patna High Court
Dilip YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the simple nature of the injuries and the existence of a dispute, the petitioners are entitled to anticipatory bail subject to prescribed conditions.
Summary
The petitioners, Dilip Yadav and Surendra Yadav, sought anticipatory bail in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) alleging assault on an informant and his family. The FIR alleged that the petitioners, along with co‑accused, assaulted the informant, but the petitioners contended that the incident stemmed from a dispute between two gotiyas and that the injuries were simple. The State opposed the bail on the basis of the FIR allegations. The Court, considering the nature of the dispute, the simplicity of the injuries, and the presence of a case‑and‑counter‑case, ordered that the petitioners be released on anticipatory bail if arrested, subject to a bond of Rs.10,000 with two sureties and specific conditions. Conditions included a blood‑relative as a bailor, cooperation with the investigation, and the possibility of bail cancellation for non‑compliance. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR allegations under the BNSS.
- Whether the nature of the injuries and the underlying dispute justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 125, 126(2), 303(2), 324(4), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail conditions
- simple injury
- gotiya dispute
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24846 of 2026
Arising Out of PS. Case No.-1083 Year-2024 Thana- GAYA MUFASIL District- Gaya
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1. Dilip Yadav Son of Ramashish Yadav Resident of Village- Chhotaki Nima,
P.S.- Muffasil, Distt.- Gaya Ji
2. Surendra Yadav Son of Ramashish Yadav Resident of Village- Chhotaki
Nima, P.S.- Muffasil, Distt.- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 125, 324(4), 303(2) and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners along with other co-accused persons have
assaulted the informant and his family members.
4. Learned counsel for the petitioners submits that the
incident has arisen out of a dispute between the gotiyas, while
there is no allegation against the petitioner no.2 that he assaulted
the informant and his wife but the injury is simple in nature as
Patna High Court CR. MISC. No.24846 of 2026(2) dt.30-04-2026
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would appear from the Annexure-P/2 series and also from the
bail rejection order. So far as the petitioner no.1 is concerned,
there is allegation of assault on the brother of the informant and
it is stated that he suffered a swelling in his hand, however,
injury suffered by him has not been disclosed in the bail
rejection order. Further, there is case and counter case with
regard to same incident and lodged on the same date by the
petitioner no.2.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the dispute between the two
gotiyas and the injuries being simple in nature, coupled with the
fact that there is case and counter case, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Muffasil P.S. Case No. 1083 of 2024, subject to the condition as
Patna High Court CR. MISC. No.24846 of 2026(2) dt.30-04-2026
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laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,
subject to further condition(s) that:
(i) One of the bailors will be their own blood relative,
preferably, father, mother, brother, sister.
(ii) The petitioners shall co-operate with the investigation, if
not already concluded and make themselves available as and
when so required, failing which the prosecution will be at
liberty to move cancellation of their bail bond.
(Soni Shrivastava, J)
Trivedi/-
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