Patna High Court
Dheeraj Kumar @ Dheeraj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Dheeraj Kumar, sought anticipatory bail in a case registered under several sections of the Bihar Negotiable Instruments Act, 2023 and Section 27 of the Arms Act, alleging that he fired a weapon to intimidate an informant who had lodged a complaint. The prosecution alleged that the petitioner and co‑accused threatened the informant and his family, and that the incident stemmed from a dispute over illegal liquor and ganja trade. The petitioner contended that no injury resulted, no firing material was recovered, and that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail on the ground of the seriousness of the allegations. The Court, noting the lack of injury, absence of seized weapons, the petitioner’s cooperation, and the precedent of bail to co‑accused, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the allegations of intimidation and firing constitute a serious offence warranting denial of bail
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109(1), 126(2), 329(4), 3(5), 351(2), 352
- Bihar Negotiable Instruments (Special) Act — s. 482(2)
Subjects
- anticipatory bail
- criminal procedure
- arms act
- intimidation
- illegal liquor trade
- section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24020 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Dheeraj Kumar @ Dheeraj Yadav S/O Sanjeet Yadav R/O Ward No. 27,
Lakhaminia Dandari Tola, P.S- Balia @ Baliya, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate.
For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Ballia @ Balia @ Baliya P.S. Case No. 215 of 2025 registered
under Section 126(2), 109(1), 352, 351(2), 329(4), 3(5) of BNS,
2023 and under Section 27 of the Arms Act.
3. As per the prosecution case, informant went to his
house (dera) which is situated at Manasi Gachhi and after
seeing the informant, petitioner and others started abusing him.
When the same was protested co-accused Dhiraj Kumar fired
upon the informant, however, he managed to escape from the
place of occurrence. It is alleged that petitioner is said to have
started air firing just to terrorize the people. It is alleged that
informant’s father lodged Baliya P.S. Case No. 242 of 2020 and
Patna High Court CR. MISC. No.24020 of 2026(2) dt.17-04-2026
2/3
the informant is witness of the said case. It is further alleged that
all accused persons threatened to kill the informant and his
family members as informant was witness of the said case
which was lodged by his father. It is further alleged that the
reason behind dispute is that the aforesaid persons are involved
in illegal trade of liquor and ganja and they used to frequently
visit informant’s house (dera) and when the same was protested,
the alleged occurrence took place.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He further submits that due to firing made by the petitioner
neither informant nor any other person had sustained any type of
injury and, hence, it is crystal clear that it is case of no injury.
Learned counsel submits that no firing material was seized from
the place of occurrence. He further submits that there is no overt
act against the petitioner. Learned counsel submits that similarly
situated co-accused persons, namely, Gaurav Kumar @ Gaurav
Yadav & Arvind Yadav @ Arbind Yadav have already been
granted anticipatory bail by the Co-ordinate Bench of this Court
vide orders dated 10.09.2025 & 24.12.2025 passed in Cr. Misc.
Nos.60942 of 2025 & 88154 of 2025, respectively. He further
submits that petitioner has one criminal antecedent, in which he
Patna High Court CR. MISC. No.24020 of 2026(2) dt.17-04-2026
3/3
is on bail and he undertakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as the
fact that similarly situated co-accused persons have already been
granted bail, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Begusarai/ concerned Court
in connection with Ballia @ Balia @ Baliya P.S. Case No.215 of
2025, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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