Patna High Court
Dharmendra Ravidas @ Dharbendra Ravidas @ Dharbendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail should be granted to the petitioner with conditions, as the alleged injury was minor and the incident exaggerated.
Summary
The petitioner, Dharmendra Ravidas, was named in an FIR (Ishipur Barahat PS Case No. 54 of 2025) alleging assault on an informant who claimed his sister grabbed his motorcycle and he responded with a blow causing head injury. The petitioner argued that the incident was a minor scuffle and the injury was simple, seeking anticipatory bail. The State opposed, stating the petitioner’s name appears in the FIR as the assailant. The Court, after considering the injury report and submissions, granted anticipatory bail under Section 438(2) of the CrPC, imposing several conditions such as surety, regular appearances before police and court, and non‑interference with witnesses. The order directs that the petitioner be released on bail if arrested or surrendered within four weeks, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in view of the alleged assault and the nature of the injury.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- injury report
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21659 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- ISHUPUR BARAHAT District- Bhagalpur
======================================================
Dharmendra Ravidas @ Dharbendra Ravidas @ Dharbendra Kumar S/o
Narad Ravidas R/o - Bari Mehadi Pokhar, P.S - Ishipur Barahat, District -
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr.Amrendra Kumar Jha, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Ishipur Barahat P.S. Case No. 54 of 2025, registered under
sections 191(2),190,126(2), 115(2),109, 303(2),351 (2), 352 of
B.N.S lodged on 17.04.2025 by the informant, Mustafa.
3. As per the prosecution story, the informant alleged
that when he was moving on a motorcycle, firstly, the sister of
the petitioner caught hold of the handle of the motorcycle,
started abusing and later, this petitioner gave blow causing
injury on the head. The other family members took away the
cash amount. This led to the FIR.
4. Learned counsel for the petitioner submits that a
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minor conversation/scuffle has been exaggerated, the injury has
been found to be simple/normal in nature.
5. Learned APP opposes the prayer submitting that his
name has come in the FIR as the person who assaulted the
informant.
6. Considering the submissions of the parties as also
the injury report, in that background, this Court is inclined to
extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Ishipur Barahat P.S.
Case No. 54 of 2025 to the satisfaction of learned Judicial
Magistrate-1st Class cum A.M.-VII, Barahat, Bhagalpur subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
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station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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