Patna High Court

Dhirendra yadav @ Dhiran Yadav @ Dhirendra KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioner’s alleged status as only an order‑giver, the simple nature of injuries and absence of any specific overt act, anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioner Dhirendra Yadav applied for anticipatory bail after an FIR alleged that he ordered an assault on an informant, charging him under several sections of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, arguing that he was only the alleged order‑giver and no specific overt act was attributed to him, and that the injuries were simple. The State and the informant opposed the bail. The court examined the nature of the accusations, the simplicity of the injuries, and the lack of direct involvement, and concluded that anticipatory bail was appropriate. Accordingly, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that the bail be enlarged if the petitioner surrenders within eight weeks.

Issues considered

Whether the petitioner can be held liable for the offences alleged under the specified sections of the Bharatiya Nyaya Sanhita.
Whether anticipatory bail is permissible in the present circumstances under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the nature of the injuries and the alleged role of the petitioner as merely an order‑giver justify the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(2), 352

Subjects

anticipatory bail
assault
order giver
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27289 of 2026
                 Arising Out of PS. Case No.-26 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Dhirendra yadav @ Dhiran Yadav @ Dhirendra Kumar son of Late Dhrup Rai
                 @ Late Dhruva Ray Resident of village- Chilrav PS- Turkauliya District -East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sujeet Kumar, Advocate
                 For the Opposite Party/s :      Mr. Satya Nand Shukla, A.P.P.
                 For the Informant        :      Mr. Munna Kumar Upadhyay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                     Heard learned counsel for the petitioner, informant

                   and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 127(2),

                   109, 303(2), 118(1), 352, 351(2), 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                3. As per F.I.R., on the order of this petitioner, other

                   named accused persons assaulted informant by means of farsa.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is only alleged to be the order giver and there is no allegation of

                   any specific overt act against him. Injuries sustained by the

                   injured are simple in nature. Case and counter case.
              Patna High Court CR. MISC. No.27289 of 2026(2) dt.29-04-2026
                                                          2/2




                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering backdrop of the case, nature of

                        accusation and injury, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Judicial Magistrate,

                        Motihari, East Champaran in connection with Turkauliya P. S.

                        Case No. 26 of 2026, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

Continue reading with your account

Checking your session…