Patna High Court
Dashrath Yadav @ Dashrath Chaudhary @ Dashrath Ch.versusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is refused to the petitioners.
Summary
The petitioners, three brothers from Baterdah Tola, were accused of brutally assaulting an informant and his brother with a daab and iron rod, causing grievous injuries to the brother's hand and head. They faced charges under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. Fearing arrest, they applied for anticipatory bail. The Court examined the seriousness of the alleged assault, the injury report, and the criminal antecedents of petitioners No. 2 and 3. Considering these factors, the Court concluded that the circumstances did not merit the grant of anticipatory bail. Consequently, the petition for anticipatory bail was refused.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita given the nature of the alleged offences
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)
Subjects
- anticipatory bail
- criminal law
- assault
- grievous hurt
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89677 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
1. Dashrath Yadav @ Dashrath Chaudhary @ Dashrath Ch. S/O Ramji Yadav
R/O Village- Baterdah Tola Chainpur, P.S. Barauli, District- Gopalganj
2. Rajan Yadav @ Rajan Kumar Yadav S/O Ramji Yadav @ Ramji Choudhary
R/O Village- Baterdah Tola Chainpur, P.S. Barauli, District- Gopalganj
3. Pradeep Yadav @ Babujee @ Babuji Yadav @ Babuajee Yadav @ Babuji
Yada @ Pradeep S/O Shankar Yadav R/O Village- Baterdah Tola Chainpur,
P.S. Barauli, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. Petitioners apprehend arrest in case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
117(2), 109(1), 303(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. Petitioners are alleged to have brutally assaulted the
informant and brother of informant with daab and iron rod
causing grievous injury on the hand and head of the brother the
informant.
4. Considering the nature and seriousness of
allegation, injury report as well as criminal antecedents of
Patna High Court CR. MISC. No.89677 of 2025(2) dt.15-01-2026
2/2
petitioner nos. 2 and 3, prayer for anticipatory bail of the
petitioners is refused.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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