Patna High Court
Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioners, Dinesh Yadav and Ashok Yadav, were arrested in connection with a murder case (Belaganj P.S. Case No. 20 of 2026) where the prosecution alleges they participated in a mob assault that resulted in the death of the victim, with a specific charge of stabbing against another accused, Nitish Kumar. The petitioners, who have been in custody since January 2026, filed an application for regular bail under the Bharatiya Nyaya Sanhita, 2023, which includes serious offences such as murder, attempt to murder, and causing grievous hurt. The State opposed the bail, arguing the gravity of the offences. The Court examined the allegations, the material on record, and the fact that the petitioners were merely members of the mob without a direct charge of stabbing. Considering these factors, the Court allowed the bail application, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties and to appear at the police station every first Sunday of the month, failing which the bail would be cancelled. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail can be granted to the accused in a murder case under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 126(2), 190, 191(2), 191(3), 351(2), 352, 61(1)
Subjects
- regular bail
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- attendance condition
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25051 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- BELAGANJ District- Gaya
======================================================
1. Dinesh Yadav S/o- Late Tulsi Yadav Village - Tikuli, P.S. - Belaganj, District
-Gaya
2. Ashok Yadav @ Ashok Ydav S/o- Late Tulsi Yadav Village - Tikuli, P.S. -
Belaganj, District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Belaganj P.S. Case No. 20 of 2026 registered for the offence
under Sections 191(2), 191(3), 190, 126(2), 103(1), 61(1), 352
and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners and
others are said to have killed the deceased by assaulting him.
4. Learned counsel for the petitioners submits that
the specific allegation is against one Nitish Kumar of stabbing
the deceased in his chest. So far as the petitioners are concerned,
they are said to be the members of the mob and they are in
custody since 14.01.2026 and 18.01.2026 respectively.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.25051 of 2026(2) dt.16-04-2026
2/2
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the allegation levelled against the petitioners and the materials
available on record, this application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (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 Belaganj P.S. Case No. 20 of 2026
subject to condition that the petitioners will mark his attendance
at the Belaganj Police Station on every first Sunday of each
month. Any default in appearance at the Police Station would
result in cancellation of bail bonds of the petitioners.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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