Patna High Court
Dhirendra Yadav @ Dhiren YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 482(2)
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
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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/-
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