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Patna High Court

Dilip Yadav @ Dilip Kumar @ Dilip Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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