Patna High Court

Dharmendra Kumar @ Dharmendra YadavversusThe State of Bihar

Decided: 24 April 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SANDEEP KUMAR

Holding

Bail was granted to Dharmendra Kumar subject to surrender within four weeks and a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioners, Dharmendra Kumar and Lalveer Yadav, sought bail in connection with a criminal case (PS No. 72 of 2024) involving offences under the Bihar Narcotic Substances (BNS) Act and the Arms Act, including allegations of assault and a firearm injury. The petitioners' counsel withdrew the bail application for Lalveer Yadav, leading the court to dismiss that part of the application and direct him to surrender within two weeks and apply for regular bail. For Dharmendra Kumar, the court noted only a general allegation and allowed the bail application, imposing conditions of surrender within four weeks, a bail bond of Rs. 10,000, and two sureties of the same amount. The court clarified that its order is limited to bail and does not prejudice the merits of the trial. The bail was granted subject to the stipulated conditions.

Issues considered

Whether bail should be granted to Dharmendra Kumar in light of the pending charges under the BNS Act and Arms Act.
Whether the conditions of surrender and bail bond are appropriate.
Procedural effect of the withdrawal of the bail application for Lalveer Yadav.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 27
Bihar Narcotic Substances (BNS) Act — s. 103, 109, 115(2), 117(2), 118(1), 126(2), 3(5)

Subjects

bail
criminal procedure
BNS Act
Arms Act
surrender
surety
high court
pending trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16635 of 2026
                         Arising Out of PS. Case No.-72 Year-2024 Thana- MAIGRA District- Gaya
                 ======================================================
           1.     Dharmendra Kumar @ Dharmendra Yadav S/o- Lalveer Yadav Resident of
                  village- Harni tola Tarwadih PS- Maigra Distt- Gaya
           2.     Lalveer Yadav S/o- Late Babui Yadav Resident of village- Harni tola
                  Tarwadih PS- Maigra Distt- Gaya
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Dr. Ranjeet Kumar
                                                   Mr.Yogesh Kumar
                 For the Opposite Party/s :        Mr.Syed Mojibur Rahman
                                                   Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                      Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                                    2.        The petitioners apprehend their arrest in

                   connection with Maigra P.S. Case No. 72 of 2024 registered for

                   the offence under Sections 126(2), 115(2), 118(1), 117(2), 109,

                   3(5) of the BNS Act and under Sections 25(1-B)(a), 26, 27 of

                   the Arms Act. Later on Section 103 of the BNS was also added.

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

                   petitioner side has assaulted the informant side. It is further

                   alleged that co-accused Gaurav Kumar fired from his pistol

                   which hit the leg of Dwarika Yadav causing fire-arm injury.

                                    4. Learned counsel for the petitioner, at the very

                   outset, prays for and is permitted to withdraw this application

                   filed on behalf of petitioner no. 2.

                   Accordingly, this application is dismissed as withdrawn with
          Patna High Court CR. MISC. No.16635 of 2026(2) dt.24-04-2026
                                                      2/2




                    regard to petitioner no. 02.

                                    5. The petitioner no. 02 is directed to surrender

                    within two weeks from today and pray for regular bail.

                                    6. So far as petitioner no. 01 is concerned there is

                    general and omnibus allegation against him.

                                    7. Considering the aforesaid facts, this application

                    is allowed with regard to petitioner no. 1.

                                    8. Let the petitioner no. 01, above named, in the

                    event of his arrest of surrender before the concerned Court

                    below within four weeks from today, be released on bail on

                    furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

                    sureties of the like amount each to the satisfaction of the learned

                    concerned Court below in connection with Maigra P.S. Case No.

                    72 of 2024.

                                    9. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.


                                                              (Sandeep Kumar, J)
Vikas/-
U

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