Patna High Court
Dharmendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail is to be granted to the petitioner, subject to the conditions stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Dharmendra Yadav sought anticipatory bail fearing arrest in a case (Muffasil P.S. Case No.434 of 2025) involving alleged assault, outraging modesty of a woman, and theft of jewellery, charged under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that Yadav, along with co‑accused, assaulted the informant and his son and stole a gold chain worth Rs.1.5 lacs. The petitioner’s counsel argued that he was falsely implicated, that the dispute stemmed from a land conflict, that both parties have a counter‑case, that a medical report is pending, and that the matter has been compromised, emphasizing his clean antecedent. The State opposed the bail. Considering the nature of the allegations, the petitioner’s clean record, the possibility of surrender within six weeks, and the compromise, the Court granted anticipatory bail on condition of furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the seriousness of the alleged offences (assault, outraging modesty, theft) warrants denial of bail.
- Whether the petitioner’s clean antecedent, compromise between parties, and willingness to cooperate affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- criminal procedure
- assault
- outraging modesty
- theft
- land dispute
- clean antecedent
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28446 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Dharmendra Yadav S/o Wakil Rai, R/o Village- Laxmipur, PS- Muffasil,
Distt-East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Advocate.
For the Opposite Party/s : Mr. Anil Kumar Singh No.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Muffasil P.S. Case No.434 of 2025 instituted under
Sections 126(2), 115(2), 109(1), 76, 303(2), 352, 351(2), 3(5) of
the B.N.S., 2023.
3. As per the prosecution case, the allegation against
the co-accused Sanjay Yadav is that he had assaulted the
informant with farsa on his head and when the son of informant
Chandan Kumar tried to rescue the informant, then co-accused
Arjun Yadav and the petitioner namely Dharmendra Yadav
assaulted him on the head by iron dab. It is alleged that they
have outraged the modesty of wife of informant by physically
Patna High Court CR. MISC. No.28446 of 2026(2) dt.29-04-2026
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assaulting her and snatching her gold chain worth Rs.1.5 lacs.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that both the parties are gotiya to each
other and due to land dispute, a free fight taken place between
the parties. Learned counsel submits that there is case and
counter case between the parties for the same occurrence. He
further submits that the injury to the injured Chandan Kumar is
lacerated wound and for the opinion it was referred to higher
center but no report as of now has been submitted. Learned
counsel submits that now both the parties have compromised the
matter. He further submits that petitioner has got clean
antecedent 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 his
clean antecedent, 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 bonds of Rs.10,000/-
Patna High Court CR. MISC. No.28446 of 2026(2) dt.29-04-2026
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(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Additional Sessions
Judge-20, East Champaran, Motihari/ concerned Court in
connection with Muffasil P.S. Case No.434 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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