Patna High Court
Dabloo Yadav @ Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to a bail bond and sureties.
Summary
The petitioners, Dabloo Yadav and Surendra Yadav, sought anticipatory bail fearing arrest in Garhi P.S. Case No. 99 of 2025, which alleged their involvement in assault under multiple sections of the BNS. The prosecution alleged that the petitioners assaulted the victim, while the petitioners claimed innocence and false implication. Counsel for the petitioners argued that the victim was simple in nature and that the allegations were baseless. The court examined the bail provisions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNS. Finding no compelling reason to deny bail, the court allowed the application, directing that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC and Section 482 BNS in view of the allegations of assault under the BNS provisions.
Legislation cited
- Bihar Negotiable (BNS) — s. 109(1), 115(2), 118(1), 126(2), 324(4), 329(3), 351(2), 352/3(5)
- Bihar Negotiable (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- assault
- false implication
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91093 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- GARHI District- Jamui
======================================================
1. Dabloo Yadav @ Dablu Kumar Son of Saran Yadav R/o Village -
Arunmabank, P.S. - Garhi, Dist. - Jamui
2. Surendra Yadav @ Sunil Yadav @ Surendra Son of Saran Yadav R/o Village
- Arunmabank, P.S. - Garhi, Dist. - Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Mishra
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Garhi P.S. Case No. 99 of 2025 registered for
the offence under Sections 126(2), 115(2), 118(1), 109(1),
324(4), 329(3), 351(2), 352/3(5) of the BNS.
3. As per the prosecution case, the petitioners are
alleged to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
from the impugned order, it will appear that the injury cause to
Patna High Court CR. MISC. No.91093 of 2025(2) dt.28-01-2026
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the alleged victim is simple in nature.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 Chief
Judicial Magistrate, Jamui/concerned Court below in connection
with Garhi P.S. Case No. 99 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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