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Patna High Court

Dinesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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