Created by Fuzzy Cloud

Patna High Court

Dilkhush YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.