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Patna High Court

Dharamvir Yadav @ Dharmvir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 482 of the B.N.S.S., 2023.

Summary

The petitioner, Dharamvir Yadav, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substances Act, 2023, alleging he assaulted an informant with an iron rod causing simple injury. The State opposed the bail, arguing the seriousness of the offences. The court considered the nature of the injury, the petitioner's clean antecedent, and the possibility of surrender within eight weeks. It held that bail could be granted subject to a bond of Rs.10,000 with two sureties and conditions under Section 482 of the Bihar Negotiable Substances (Special) Act, 2023. The order directed the petitioner to surrender within the stipulated period and comply with the bail conditions.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under Sections 191(2), 191(3), 190, 109, 115(2), 226(2), 303(2), 352 and 351(2)(3) of the B.N.S., 2023.
  • Whether the petitioner’s clean antecedent and the simple nature of injury justify bail under Section 482 of the B.N.S.S., 2023.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • clean antecedent
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.316 of 2026
                    Arising Out of PS. Case No.-64 Year-2025 Thana- KARANDAY District- Sheikhpura
                 ======================================================
                 Dharamvir Yadav @ Dharmvir Kumar S/o Ramashish Yadav Resident of
                 Village- Tiyay, P.S.- Karandey, District- Sheikhpura, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amresh Kumar Sinha
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 191(2), 191(3), 190,

                   109, 115(2), 226(2), 303(2), 352, 351(2)(3) of the B.N.S., 2023.

                                3. The petitioner is said to have assaulted on the head

                   of the informant with iron rod. Doctor has found the injury

                   simple in nature. Case and counter case. Petitioner claims clean

                   antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail.

                                5. Considering the nature of injury and clean

                   antecedent, in the event of arrest/surrender within a period of

                   eight weeks from today, let the above named petitioner be
           Patna High Court CR. MISC. No.316 of 2026(2) dt.21-01-2026
                                                       2/2




                     enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned J.M. 1st Class, Sheikhpura in connection

                     with Karandey P.S. Case No. 64 of 2025, subject to condition as

                     laid down under Section 482 of the B.N.S.S., 2023.



                                                   (Prabhat Kumar Singh, J)
anay

U      T


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