Patna High Court
Dinesh Lal Yadav @ Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Dinesh Lal Yadav, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for an alleged assault and robbery incident. The prosecution’s case is based on the informant’s testimony that four unknown assailants attacked him and his son, and that the petitioner’s name surfaced only through a co‑accused’s confessional statement. The petitioner contended that he was not named in the FIR, no incriminating material was found on him, and the allegations were vague and omnibus. He has been in custody since 19 May 2025 and has nine prior criminal antecedents, while a co‑accused had previously been granted regular bail. After considering the lack of direct evidence, the petitioner’s custody period, and the precedent of bail to the co‑accused, the Court inclined to grant bail, ordering a bond of Rs.15,000 with two sureties.
Issues considered
- What is the adequacy of the evidence against the petitioner to justify continued detention?
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail?
- Whether the confessional statement of a co‑accused provides sufficient basis for bail denial?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- confessional statement
- co‑accused
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33394 of 2026
Arising Out of PS. Case No.-51 Year-2024 Thana- Rail Jaynagar District- Samastipur
======================================================
Dinesh Lal Yadav @ Dinesh Yadav S/O Suryadev Yadav R/O Vill.-
Chhapradhi, P.S- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Jay
Nagar Rail P.S. Case No. 51 of 2024, instituted for the offences
punishable under Sections 126(2), 115(2), 118(1), 118(2), 109,
303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
27 of the Arms Act.
3. The prosecution case, in short, is that the informant
saw four unknown miscreants assaulting his son and when the
informant tried to intervene, the miscreants attacked him with a
pistol butt, robbed his bag and fled away from the place of
occurrence leaving him injured.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.33394 of 2026(4) dt.24-06-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused, namely, Dinesh Lal
Yadav and the same has got no evidentiary value. It is next
submitted that no specific allegation has been attributed against
the petitioner rather the same is general and omnibus in nature.
The petitioner is in custody since 19.05.2025 and has got nine
criminal antecedents. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 04.08.2025 passed in Cr. Misc. No.
27751 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.33394 of 2026(4) dt.24-06-2026
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jay Nagar Rail P.S.
Case No. 51 of 2024.
(Ansul, J)
Siddharth Soni/-
U T
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