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2026 DAILYLAW 21667 (PAT)

Dinesh Kumar Dinkar @ Dinesh Kumar v. The State of Bihar

CR. MISC./40450/2026 · 2026-07-01

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40450 of 2026 Arising Out of PS. Case No.-619 Year-2025 Thana- MURLIGANJ District- Madhepura ====================================================== 1. Dinesh Kumar Dinkar @ Dinesh Kumar S/o Late Dhaneshwar Yadav R/o Village - Raghunathpur, Ward No. 9, P.S - Murliganj, District - Madhepura 2. Tileshwar Yadav @ Tilo Yadav S/o Late Jogi Yadav @ Yogendra yadav R/o Village - Raghunathpur, Ward No. 9, P.S - Murliganj, District - Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhoy Kumar Kashyap, Adv. For the Opposite Party/s : Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 01-07-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Muraliganj P.S. Case No. 619 of 2025, registered for the offences punishable under Sections 126(2), 115 (2), 352, 109, 74, 3(5) of B.N.S.S. 3. On the alleged date and time of occurrence, the petitioners along with others armed with iron rod, dabiya and garasha barged into the house of the informant and brutally assaulted and misbehaved with the informant. On account of the assault, the family members of the informant also sustained the injuries. Patna High Court CR. MISC. No.40450 of 2026(2) dt.01-07-2026 2/3 4. Learned Advocate for the petitioners taking this Court through the FIR contended that the alleged occurrence took place on 15.12.2025 but, the present FIR came to be instituted on 18.12.2025. The present case is nothing but the counter blast to Muraliganj P.S. Case No. 617 of 2025 which has been instituted prior to the alleged occurrence on 17.12.2025 itself. In fact in the said incidence the petitioners and others have also sustained injuries and the prosecution has failed to explain such injuries and suppress the institution of the Muraliganj P.S. Case No. 617 of 2025. It is further contended that so far the injury which are allegedly sustained to the informant and others are concerned, all of them have been found to be simple in nature. To support the aforesaid contention, the injuries reports have been placed on record as annexure P/3 series; the petitioners are men of fair antecedent and they undertake that they will fully co-operate in the proceedings of the Court. 5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioners have brutally assaulted the women and others due to which they sustained injuries. 6. Regard being had to the submissions made on Patna High Court CR. MISC. No.40450 of 2026(2) dt.01-07-2026 3/3 behalf of the parties and considering the factum of case and counter case coupled with the delay in lodging of the FIR as well as simple nature of the injuries and fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Madhepura in connection with Murliganj P.S. Case No. 619 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. sumit/- (Harish Kumar, J) U T