Patna High Court
Dilip Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dilip Kumar Yadav, was arrested in connection with an alleged assault on an informant and his family during a Ganesh procession, which allegedly led to the death of the informant's grandfather. The petitioner claimed innocence, arguing that the deceased died of natural causes as indicated by the post‑mortem report, and that there were no external injuries linking him to the death. The State and the informant opposed bail, contending that the allegations were serious and that the petitioner might tamper with evidence. The court considered the nature of the allegations, the fact that a charge‑sheet had already been filed, the petitioner’s lack of prior criminal record, and the absence of any risk of evidence tampering or absconding. Weighing these factors, the court held that the petitioner was eligible for regular bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the allegations of assault and the death of the informant's grandfather justify denial of bail.
- Whether there is a risk of evidence tampering or the petitioner absconding if released on bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- regular bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- post‑mortem report
- evidence tampering
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.363 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Dilip Kumar Yadav S/O Biltu Yadav Resident of village- Kukrupatti,
Babubarhi, P.S.- Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Ratnakar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in a case registered
for the offences punishable under Sections 103(1)/3(5) of the
Bharatiya Nyaya Sanhita.
3. During procession of god Ganesh, a minor
altercation took place between the petitioner and informant, and
it is alleged that the petitioner along with co-accused Dinesh
Kumar Yadav assaulted the informant, due to old dispute
between them, which was pacified by the co-villagers. It is
further alleged that after sometime, six accused persons
including the petitioner came at the house of the informant and
assaulted the informant and his family members with lathi-
Patna High Court CR. MISC. No.363 of 2026(3) dt.20-02-2026
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danda in which grandfather of the informant, namely, Sangam
Lal Yadav was badly injured, thereafter, he was taken to
hospital, where he was declared dead.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that there is general and
omnibus allegation against the petitioner of committing assault
on the informant and his family members including the
deceased. Learned counsel pointed out that the postmortem
report of the deceased shows that the deceased had no external
injuries and his cause of death was cardiorespiratory failure due
to sudden cardiac arrest. Learned counsel further submits that
the deceased died due to old age and taking advantage of the
situation, the petitioner has been implicated in this case. The
charge-sheet has already been submitted after completion of
investigation. Petitioner is in custody since 10.10.2025 having
no criminal antecedent and he undertakes to co-operate in the
trial. There is no chance of tampering with the evidence or
absconding of the petitioner.
5. Learned A.P.P. for the State and learned counsel for
the informant oppose the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.363 of 2026(3) dt.20-02-2026
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of the case, submissions of learned counsel for the parties,
nature of allegation against the petitioner, period of custody and
also the fact that the charge-sheet has already been submitted,
let the above named petitioner 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 learned Judicial
Magistrate-I, Madhubani in connection with Babubarhi P.S.
Case No. 384 of 2025, corresponding to G.R. No. 2210 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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