Patna High Court
Dilkhush YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the nature and gravity of the murder charge precluded it.
Summary
The petitioner, Dilkhush Yadav, husband of the deceased, was implicated in a murder case registered as Baheri P.S. Case No. 359 of 2024 under Sections 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He filed an application for anticipatory bail fearing arrest, asserting that the charge‑sheet contained specific allegations of torture and killing. The Court examined the nature and gravity of the offences, noting that the allegations were serious and directly implicated the petitioner. It held that such a serious charge does not merit the grant of anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was directed to surrender within two weeks and seek regular bail, failing which the police were instructed to arrest him.
Issues considered
- Whether anticipatory bail can be granted in a murder case involving specific allegations of torture and killing under the Bharatiya Nyaya Sanhita.
- Whether the nature and gravity of the offences preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80, 85
Subjects
- anticipatory bail
- murder
- criminal procedure
- bail
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72285 of 2025
Arising Out of PS. Case No.-359 Year-2024 Thana- BAHERI District- Darbhanga
======================================================
Dilkhush Yadav Son of Kanhai Yadav @ Kanhaiya Yadav Resident of Hari
Nagar Gujrauli, Police Station - Baheri, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Verma
For the Opposite Party/s : Mr. Bharat Bhushan
Mr. Rabish Kumar
Mr. Adarsh Gaurav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Baheri P.S. Case No. 359 of 2024 registered for offences under
Sections 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The petitioner is the husband of the victim. He
along with others is accused of killing the deceased. In this case,
charge-sheet has been submitted. There is specific and direct
allegation against the petitioner of torturing and killing the
deceased.
4. Considering the nature and the gravity of the
offence, this is not a fit case for grant of anticipatory bail.
5. Accordingly, the application for anticipatory bail
Patna High Court CR. MISC. No.72285 of 2025(3) dt.21-01-2026
2/2
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Senior Superintendent of
Police, Darbhanga will take all steps for the arrest of the
petitioner.
7. Let a copy of this order be communicated to the
Senior Superintendent of Police, Darbhanga through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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