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Patna High Court

Dipak Yadav @ Dipak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to a bond and verification of their criminal antecedent.

Summary

The petitioners, three brothers from Ghorpokhar, were named in an FIR for alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 2023, relating to surrounding an informant and a firing incident that injured the informant. They contended that no specific allegation was made against them, that they have clean antecedents, and that the only direct accusation was against Raja Yadav. The State opposed bail but acknowledged that the FIR specifically implicated only Raja Yadav. The Court observed the absence of a direct charge against the petitioners and, applying the bail provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023, ordered their release on bail with a bond of ₹30,000 each, subject to verification of their criminal antecedent. The order also directed that any concealment of antecedent would lead to cancellation of bail. The bail order was issued in a virtual hearing.

Issues considered

  • What is the applicability of bail provisions under the Bharatiya Nagrik Suraksha Sanhita, 2023 when the FIR does not specifically allege the petitioners?
  • Whether the petitioners can be detained pending trial in the absence of a direct allegation against them.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • FIR
  • antecedent verification
  • virtual hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36012 of 2026
                   Arising Out of PS. Case No.-161 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
           1.     Dipak Yadav @ Dipak Kumar Son of Late Janardan Singh Resident of
                  Village- Ghorpokhar, P.S.- Udwantnagar, District- Bhojpur (Bihar).
           2.    Ganesh Yadav @ Ganesh Singh Son of Sudeshwar Singh Resident of
                 Village- Ghorpokhar, P.S.- Udwantnagar, District- Bhojpur (Bihar).
           3.    Rahul Yadav @ Rahul Kumar Son of Late Janardan Singh Resident of
                 Village- Ghorpokhar, P.S.- Udwantnagar, District- Bhojpur (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   02-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                3. The petitioners apprehend in connection with

                   Udwantnagar P.S. Case No. 161 of 2026, lodged on 02.04.2026,

                   for the offences punishable under Sections 329(3), 126(2),

                   115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   under Section 27 of the Arms Act.

                                4. As per the prosecution, the F.I.R. has been lodged

                   against six named accused persons including the present
Patna High Court CR. MISC. No.36012 of 2026(2) dt.02-06-2026
                                            2/3




          petitioners that they all surrounded the informant and specific

          allegation of firing against Raja Yadav @ Sarve Yadav by which

          the informant became injured. Allegation of threatening is

          against other accused persons.

                       5. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. He

          submits that antecedent of all the three persons are clean. He

          further submits that injury report has been attached in which

          opinion on injury No. 1 is reserved and injury No. 2 is simple in

          nature. He further submits that name of three petitioners has

          come only due to the reason that petitioner Nos. 1 and 3 are the

          full brothers of Raja Yadav against whom there is direct

          allegation and petitioner No. 2 is an old aged person. Counsel

          submits that petitioners are ready to fulfill all the conditions

          whatsoever shall be imposed upon them.

                       6. Learned APP for the State opposes the prayer for

          bail but fairly submits that there is direct allegation against Raja

          Yadav and not against the present petitioners.

                       7. Considering the fact that there is no specific

          allegation against the petitioners, let the above-named

          petitioners be released on bail, in the event of their arrest or

          surrender before the Trial Court within a period of four weeks
           Patna High Court CR. MISC. No.36012 of 2026(2) dt.02-06-2026
                                                       3/3




                     from today, on furnishing bail bond of ₹30,000/- (Rupees Thirty

                     Thousand only) each, as mentioned in Section 2(1)(d) of the

                     Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of

                     the learned Chief Judicial Magistrate, Bhojpur at Ara in

                     connection with Udwantnagar P.S. Case No.161/2026, subject

                     to the conditions as laid down under Section 482(2) of the

                     Bharatiya Nagrik Suraksha Sanhita, 2023.

                                  8. And further condition that the court below shall

                     verify the criminal antecedent of the petitioners and in case at

                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the trial Court shall take step for

                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                                                          (Dr. Anshuman, J)
Mkr./Bipin/-

U      T


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