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Patna High Court

Dhirendra Yadav @ Dhiren YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Dhirendra Yadav, sought bail fearing arrest in a case involving alleged assault, arson, and a fatal firearm injury under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s FIR alleged that several persons, including the petitioner, broke a shed and later assaulted the informant, during which a co‑accused fired at the informant’s wife, causing her death. The petitioner argued that the specific charge of firing the weapon was directed only at co‑accused Rajesh Kumar and that he faced only a general, omnibus allegation, further emphasizing his clean criminal record. The State opposed bail, contending the petitioner’s involvement in the crime. The Court noted the specificity of the firearm allegation against Rajesh Kumar, the general nature of the charge against the petitioner, and the petitioner’s lack of antecedents, and consequently ordered bail subject to Section 482(2) conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the general and omnibus allegation against him.
  • Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • general allegation
  • omnibus allegation
  • criminal antecedent
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • murder
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34074 of 2026
                   Arising Out of PS. Case No.-10 Year-2026 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Dhirendra Yadav @ Dhiren Yadav, son of Late Natho Yadav, Resident of
                 village-Gadhia, P.S. & District-Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :     Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Madhepura P.S. Case No. 10 of 2026 registered for the

                   offences punishable under Sections 103(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

                                3.As per the prosecution story which has been lodged

                   on the basis of the fardbeyan given by the informant to the

                   effect that on 31.12.2025 at about 22.00 hours, four persons

                   namely, Abhikaran Kumar, Rahul Kumar, Rahul Kumar and

                   one unknown person whose name is not known to the

                   informant, broke the tin and bamboo shed in front of the house

                   of the informant. On 04.01.2026 at about 13:30 hours, when the

                   informant went to complain about the said occurrence to the
Patna High Court CR. MISC. No.34074 of 2026(2) dt.18-05-2026
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          father Dhirendra Yadav aged about 50 years, Vijay Kumar @

          Balkaran Kumar, Rajesh Kumar and Lucy along with some

          unknown persons started assaulting him with sticks and bricks.

          In the meantime, co-accused Rajesh Kumar fired at the wife of

          the informant, which caused injuries on her chest and on way to

          hospital, she succumbed to the said injuries.

                       4. The learned counsel for the petitioner submits that

          allegation of inflicting fire arm injury and causing death of the

          wife of the informant, is against co-accused Rajesh Kumar,

          while there is no specific allegation against this petitioner. He

          submits that against this petitioner and other co-accused there is

          general and omnibus allegation. The learned counsel for the

          petitioner further submits that the petitioner has got clean

          antecedent and co-accused Balkaran Kumar Yadav @ Bijay

          Kumar @ Balkaran, has been granted the privilege of

          anticipatory bail by a learned Co-ordinate Bench of this court

          vide order dated 13.05.2026 in Cr. Misc. no. 32183 of 2026.

                       5. The learned A.P.P. for the State vehemently opposes

          the prayer for bail the petitioner and submits that the petitioner

          was involved in the crime in question and he does not deserve

          the privilege of anticipatory bail.

                       6. Having heard the learned counsel for the parties
Patna High Court CR. MISC. No.34074 of 2026(2) dt.18-05-2026
                                            3/4




          and after going through the records, it appears that the allegation

          of causing fire arm injury on the deceased wife of the informant

          is specific against co-accused Rajesh Kumar. The allegation

          against the petitioner and other co-accused are general and

          omnibus in nature. The petitioner has got no criminal antecedent

          and co-accused Balkaran Kumar Yadav has been granted the

          privilege of anticipatory bail by a learned Co-ordinate Bench of

          this Court vide order dated 13.05.2026 passed in Cr. Misc. No.

          32183 of 2026. Considering the same, let the petitioner, above

          named, in the event of arrest or surrender within a period of six

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial Magistrate,

          Madhepura in connection with Madhepura P.S. Case No. 10 of

          2026, subject to the conditions as laid down under Section

          482(2) of the B.N.S.S., with further condition:

                       (i) The learned Court concerned shall verify the

          criminal antecedent of the petitioner and in case at any stage, it

          is found that the petitioner has concealed his criminal

          antecedents, the court concerned shall take steps for cancellation

          of bail bond of the petitioner. However, the acceptance of bail

          bonds in terms of the above-mentioned order shall not be
               Patna High Court CR. MISC. No.34074 of 2026(2) dt.18-05-2026
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                         delayed for purpose of or in the name of verification.




                                                     (Ritesh Kumar, J)


vinita/-

U          T


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