Patna High Court
Dinesh Yadav @ Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail as there is no specific allegation against him and he has a clean antecedent, subject to prescribed conditions.
Summary
The petitioner, Dinesh Yadav, was arrested in connection with a case involving alleged assault on an informant’s family and charged under several IPC sections including 354(b), 147, 148, 149, 341, 323, 325, 307 and 379. He contended that he has a clean antecedent, that the FIR contains only a generic allegation against all accused and that he was falsely implicated. The prosecution opposed bail, while the petitioner highlighted that co‑accused persons had already been granted anticipatory bail by the same court. The bench noted the absence of a specific allegation against the petitioner and his clean record, and consequently ordered his release on bail subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail bond was set at Rs.10,000 with two sureties and further verification of antecedents was directed.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the IPC.
- Whether the lack of a specific allegation against the petitioner in the FIR justifies granting bail.
- Whether the anticipatory bail granted to co‑accused persons influences the bail decision for the petitioner.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 341, 354B, 379
Subjects
- bail
- anticipatory bail
- Indian Penal Code
- assault
- false implication
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87673 of 2025
Arising Out of PS. Case No.-299 Year-2024 Thana- FATEHPUR District- Gaya
======================================================
Dinesh Yadav @ Dinesh Kumar S/O Rajendra Prasad Yadav @ Rajendra
Yadav Resident of Village- Chhotaki Kuhari, P.S.- Fatehpur, District- Gaya
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
For the Informant : Mr. Ujjawal Kumar Singh, Advocate
: Mr. Pankaj Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Sanjay Kumar Sharma, learned counsel
for the petitioner, Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State as well as Mr. Ujjawal Kumar
Singh, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
11.10.2025 in connection with Fatehpur P.S. Case No. 299 of
2024, F.I.R. dated 24.05.2024 for the offences punishable under
Sections 354(B), 147, 148, 149, 341, 323, 325, 307 & 379 of the
Indian Penal Code.
3. According to prosecution case, it is alleged that
petitioner along with other co-accused persons entered in the
house of the informant and started abusing and assaulted the
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family members of the informant by means of lathi, rod and
danda.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Although the petitioner is
named in the FIR but from bare perusal of the FIR it appears
that there is no specific allegation of assault or overt act against
him rather there is general and omnibus allegation against all the
accused persons including the petitioner and there is case and
counter case between the parties and similarly situated co-
accused persons, namely, Rajesh Kumar, Akhlesh Kumar @
Akhilesh Yadav, Rakesh Kumar @ Rakesh Yadav, Dinesh Yadav
@ Dinesh Kumar have been granted the privilege of
anticipatory bail by co-ordinate Bench of this Court vide order
dated 14.05.2025, 20.08.2025 and 28.11.2025 in Cr. Misc. No.
6892 of 2025, Cr. Misc. No. 34598 of 2025 and Cr. Misc. No.
78166 of 2025. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 11.10.2025.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
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prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act against him and similarly
situated co-accused persons have been granted the privilege of
anticipatory bail by co-ordinate Bench of this Court, let the
petitioner, above named, 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 the learned Additional
Chief Judicial Magistrate-X, Gaya in connection with Fatehpur
P.S. Case No. 299 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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