← Library
Patna High CourtCR. MISC./9403/2026bail granted

Durgesh Yadav @ Durgesh Kumar v. The State Of Bihar

2026-03-12Mr. Justice Anil Kumar Sinha3 pages

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 VillageReriya 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 VillageReriya 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 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