Patna High Court
Dipak Yadav @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 27
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 329(3), 3(5)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.