Patna High Court
Dharmendra Prasad Yadav @ Dharmendra Rai @ Amrendar Rai @ Dharmu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions of cooperation with the investigation.
Summary
The petitioner, Dharmendra Prasad Yadav, was named in an FIR for alleged involvement in a violent assault that occurred on 14 June 2025 during a long‑standing land dispute in Marhaura, Saran. The FIR charges eight accused, including the petitioner, with offences under various sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). The petitioner contends that he is innocent, has a clean antecedent, and was merely implicated because of the land dispute, seeking anticipatory bail to avoid arrest. The State opposed the bail, arguing the seriousness of the offences and the petitioner’s alleged role in ordering the assault. The Court examined the factual matrix, the lack of a direct allegation of personal participation by the petitioner, and the need to protect his liberty pending trial. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court decided to grant anticipatory bail with conditions. The order directs the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to cooperate with the investigation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- land dispute
- assault
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24831 of 2026
Arising Out of PS. Case No.-412 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Dharmendra Prasad Yadav @ Dharmendra Rai @ Amrendar Rai @ Dharmu
Rai S/o Daroga Rai Resident of Village- Bhaluihi, P.S.- Marhaura, District-
Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Marhaura P.S. Case No. 412 of 2025, registered for the
offences punishable under Sections, 126(2), 115(2), 303(2),
118(1), 109, 352, 351(2), 3(5) of BNS.
3. On 14.06.2025 at about 7:30 PM, when the
informant was sitting outside his house, eight accused persons
including the petitioner arrived there, armed with various
weapons. When the informant tried to flee away, he was caught
by the petitioner and was brutally assaulted by all the accused
persons, resulted into multiple injuries. On hearing his cries,
family members rushed to help but they were also assaulted by
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the accused persons, resulting in multiple injuries, including
serious head injuries and fracture.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. He is
a person of clean antecedent. There is case and counter case.
The petitioner and the informant are neighbours.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The FIR has been lodged against eight named
accused persons including the petitioner. The allegation against
the petitioner is of giving order for assaulting the victim. There
is no direct allegation against the petitioner for himself
assaulting the victim. The informant and the accused persons are
patidars and are closely related agnates. It further appears that
there has been a long-standing land dispute between the parties
which has resulted in a case and counter case arising out of the
same date and place of occurrence. Considering all these facts
and circumstances, I am inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
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Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saran at
Chapra in connection with Marhaura P.S. Case No. 412 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to further condition
that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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