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Patna High Court

Dharmendra Kumar @ Dharmendra Kumar KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Dharmendra Kumar, was accused of assaulting the informant's daughter with an iron rod, leading to an FIR filed 33 days after the alleged incident. The petitioner claimed innocence, alleging the case was a retaliatory false complaint linked to a prior case he had filed against the informant. He highlighted the simple nature of the injuries, the delay in filing the FIR, and his clean antecedents. The State opposed the petition for anticipatory bail. Considering the circumstances, the court granted anticipatory bail under Section 482(2) of the B.N.S.S., subject to a bail bond and sureties, for a period of eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offences and the circumstances of the case.

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • assault
  • false FIR
  • clean antecedents
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12199 of 2026

                   Arising Out of PS. Case No.-203 Year-2025 Thana- Nawalpur District- West Champaran
                 ======================================================
                 Dharmendra Kumar @ Dharmendra Kumar Kushwaha S/o Bihari Prasad
                 Kushwaha @ Bihari Prasad @ Bihari Mahto R/o Village - Ward No. 03,
                 Dudhiawa, P.S - Nawalpur, District - West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Umesh Kumar Gupta, Advocate
                 For the State            :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted on the head of daughter of informant with

                   iron rod.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. The present case is counter-blast of

                   Nawalpur P.S. Case No. 198 of 2025 which was lodged by the
Patna High Court CR. MISC. No.12199 of 2026(2) dt.24-02-2026
                                            2/3




          petitioner against informant and others and only with a view to

          save their skin from the aforesaid case, this false and concocted

          case has been lodged. The present F.I.R. has been lodged after

          inordinate delay of 33 days and there is no plausible explanation

          for the same which itself makes the entire prosecution case

          doubtful. Doctor has found the injuries, allegedly caused by this

          petitioner, simple in nature. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, case and counter-case between the parties, nature of

          injuries sustained by the injured and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Bettiah, West Champaran in connection with Nawalpur P.S.

          Case No. 203 of 2025, subject to condition as laid down under
             Patna High Court CR. MISC. No.12199 of 2026(2) dt.24-02-2026
                                                         3/3




                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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