Patna High Court
Dharmendra Kumar @ Dharmendra Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
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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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