Patna High Court
Dilip Yadav @ Dilip Kumar @ Dilip Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Dilip Yadav, filed a bail application fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for allegedly assaulting the husband of an informant with an iron rod, causing a simple injury. The FIR alleged offences under sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 61(2) of the BNS. The State opposed the bail, arguing the seriousness of the charges. The Court examined the nature of the injury, the circumstances of the alleged assault, and the statutory provisions governing bail. Considering the injury was simple and the petitioner was willing to furnish a bail bond of Rs.10,000 with two sureties, the Court ordered bail subject to conditions under section 482(2) of the BNS. The bail order was directed to be executed by the Chief Judicial Magistrate, Bhagalpur.
Issues considered
- Whether bail should be granted to the petitioner in a case involving multiple serious offences under the BNS
- Whether the nature of the injury and circumstances justify bail under section 482(2) of the BNS
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 351(2), 352, 482(2), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- sections 126,115,109,303,352,351,61
- injury
- assault
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90246 of 2025
Arising Out of PS. Case No.-311 Year-2025 Thana- KAHALGAON District- Bhagalpur
======================================================
Dilip Yadav @ Dilip Kumar @ Dilip Kumar Yadav S/o Late Suryanarayan
Yadav Resident of Mohalla - Babu Tola ward No. 5, Vikramsheela Nagar, P.S
- Kahalgaon, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6 , Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
109, 303 ( 2 ), 352, 351 ( 2 ), 61 ( 2 ) and 61 ( 2 ) of BNS.
3 . As per F.I.R. informant alleged that this petitioner
assaulted on the head of husband of informant by means of iron
rod due to which he sustained injury . Doctor has found the
injury simple in nature .
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury
and other circumstances of the case , in the event of arrest or
Patna High Court CR. MISC. No.90246 of 2025(2) dt.17-01-2026
2/2
surrender within eight weeks from today, let the petitioner, as
named above, be enlarged 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 CJM Bhagalpur in
connection with Kahalgaon P.S. Case No. 311 of 2025 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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