Patna High Court
Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the injuries were simple and the petitioners had a clean antecedent, subject to conditions under Section 482 of the B.N.S.S.
Summary
The petitioners, Dinesh Yadav and Ajit Yadav, were accused of assaulting individuals with a stick and an iron rod, leading to simple injuries as per the medical report. They sought anticipatory bail fearing arrest under Sections 126(2), 115(2), 109(1), 118(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the injuries, the petitioners' clean antecedent, and the statutory provisions governing anticipatory bail. Considering the injuries were minor and the petitioners had no prior record, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482 of the B.N.S.S. The order also stipulated surrender within eight weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita.
- Whether the nature of the injuries and the petitioners' antecedent justify bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(2), 126(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- assault
- clean antecedent
- bail conditions
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9516 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- SIMULTALLA District- Jamui
======================================================
1. Dinesh Yadav Son of Late Birju Yadav @ Dhirju Yadav Resident of Village -
Karna, Police Station - Simultalla, District - Jamui
2. Ajit Yadav @ Ajit Kumar Yadav @ Ajit Kumar Son of Dinesh Yadav
Resident of Village - Karna, Police Station - Simultalla, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 30-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 109(1),
118(2), 352, 351(2), & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., petitioner no. 1 assaulted on the head
of Rinku Yadav with Tangi and petitioner no. 2 assaulted on the
shoulder and temple of informant with iron rod. Doctor has
found the injuries simple in nature. Petitioners claim clean
antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
Patna High Court CR. MISC. No.9516 of 2026(5) dt.30-06-2026
2/2
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioners be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Jamui in
connection with Simultalla P.S. Case No. 95 of 2025, subject to
condition as laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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