Patna High Court
DURGESH YADAV @ DURGESH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that, given the co‑villager relationship, a counter‑case, simple injury and only general allegations, the petitioners are entitled to anticipatory bail.
Summary
The petitioners, six villagers from Reriya Khurd, were accused of assaulting the younger son of an informant at a petrol pump, resulting in simple injuries. They filed an anticipatory bail application, arguing that the dispute was a local quarrel, a counter‑case exists against the informant, and the allegations against them are general and omnibus, with specific assault attributed to another accused. The prosecution alleged offences under Sections 115(2), 191(2), 74, 109, 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita. The court considered the co‑villager relationship, the simplicity of the injury, and the lack of specific allegations against the petitioners. Concluding that the allegations did not warrant denial of bail, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The petitioners were ordered to furnish bail bonds of Rs.10,000 each with two sureties each.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite allegations under the Bhartiya Nyaya Sanhita
- Whether the nature of the injury and the general, omnibus allegations justify denial of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 191(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- co‑villagers
- general allegations
- simple injury
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9403 of 2026
Arising Out of PS. Case No.-339 Year-2024 Thana- CHENARI District- Rohtas
======================================================
1. DURGESH YADAV @ DURGESH KUMAR S/o- Ram Raj Yadav Resident
of Village- Reriya Khurd Police Station- Chenari District- Rohtas
2. Satyendra Yadav @ Satendra Narayan Singh S/o- Late Dukhanti Yadav @
Dukhanti Singh Resident of Village- Reriya Khurd Police Station- Chenari
District- Rohtas
3. Dharmendra Yadav @ Dharmendra Kumar Singh S/o- Chaturgun Yadav
Resident of Village- Reriya Khurd Police Station- Chenari District- Rohtas
4. Binod Yadav @ Binod Kumar Singh S/o- Bharat Yadav Resident of Village-
Reriya Khurd Police Station- Chenari District- Rohtas
5. Megha Yadav S/o- Late Dukhanti Yadav @ Dukhanti Singh Resident of
Village- Reriya Khurd Police Station- Chenari District- Rohtas
6. Rakesh Yadav @ Rakesh Kumar S/o- Satyendra Yadav Resident of Village-
Reriya Khurd Police Station- Chenari District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Chenari Police Station Case No. 339 of 2024, dated
15.10.2024, disclosing offences under Sections
115(2)/191(2)/74/109/351(2)/352/3(5) of the Bhartiya
Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.9403 of 2026(2) dt.12-03-2026
2/3
is that on 15.10.2025, elder son of the informant had gone
to fill up petrol in his motorcycle at the petrol pump
where some dispute arose and when he came out from the
petrol pump, the petitioners, along with other accused
persons, surrounded the younger son of the informant,
namely, Rajveer Singh, in a gully and assaulted him due
to which he sustained injury. It has further been alleged
that co-accused Santosh Yadav assaulted the younger son
of the informant by means of rami/baisakhi (crutches) on
his head.
4. Learned counsel for the petitioners submits that both the
parties are co-villagers and the dispute arose between
them during filling of petrol at the petrol pump. He next
submits counter case has been lodged by the side of the
petitioners against the informant having Chenari Police
Station Case No. 340 of 2024. The injury sustained by the
victim is simple in nature as would be evident from the
injury report annexed at Annexure-P/3. He further
submits that the allegation against the petitioners are
general and omnibus in nature and specific allegation of
assault upon the victim is against the co-accused Santosh
Yadav.
Patna High Court CR. MISC. No.9403 of 2026(2) dt.12-03-2026
3/3
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that both the
parties are co-villagers having case and counter case,
injury sustained by the victim is simple in nature and
allegations against the petitioners are general and
omnibus in nature, I am inclined to grant the petitioners
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate, Sasaram, Rohtas, in connection
with Chenari Police Station Case No. 339 of 2024,
subject to the condition laid down under Section 482 (2)
of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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