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Patna High Court

Dilip Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        3/3




                      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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