Patna High Court
Dagru Yadav @ Ranvir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The pre‑arrest bail application was disposed of, directing the petitioner to surrender and apply for regular bail before the District Court.
Summary
Dagru Yadav (Petitioner) applied for pre‑arrest bail in a case (PS‑102/2023) alleging offences under Sections 341, 342, 323, 307, 379, 504, 506 and 34 of the IPC for assaulting an informant with a rod and khanti. The petitioner claimed innocence, stating that the incident was a mutual free‑fight between co‑villagers and that any injury was caused in self‑defence without intent. The State opposed the pre‑arrest bail. The Court held that the petitioner could surrender and seek regular bail before the District Court, directing that the regular bail application be entertained the same day and decided on the basis of the material record. Consequently, the pre‑arrest bail application was disposed of without being granted.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in the present case involving alleged assault and other offences under the IPC.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 342, 379, 504, 506
Subjects
- pre‑arrest bail
- regular bail
- self‑defence
- assault
- IPC sections
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5122 of 2026
Arising Out of PS. Case No.-102 Year-2023 Thana- BELHAR District- Banka
======================================================
Dagru Yadav @ Ranvir Kumar, Son of Umesh Yadav, Resident of Village-
Dolbandh, Ps- Belhar, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 07-04-2026 Heard Mr. Dhananjay Kumar Pandey, learned
counsel appearing on behalf of the petitioner and Mr. Bhanu
Pratap Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Belhar P.S. Case No. 102 of 2023, registered for the
offence punishable under Sections 341, 342, 323, 307, 379, 504,
506 and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, petitioner
along with other accused persons, had assaulted the informant
by means of rod and khanti, causing injury on his head.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
petitioner and informant are co-villager. There is case and
Patna High Court CR. MISC. No.5122 of 2026(3) dt.07-04-2026
2/2
counter case between the parties arising out of the same
incidence. Both the parties were indulged into free fight and the
petitioner, in his self defence, may have caused injury to the
persons of the informant, without intention. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. The petitioner, if so advised, may surrender and
seek regular bail before the learned District Court. The learned
District Court, in such circumstances, is directed to entertain the
regular bail application of the petitioner same day and after
examining, as to whether, the petitioner in his self defence, has
caused injury on the persons of the informant without intention
on the basis of material available on record, pass necessary
order in accordance with law.
7. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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