Patna High Court
Dharmendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court held that no case for anticipatory bail was made out and dismissed the application.
Summary
Dharmendra Yadav applied for anticipatory bail fearing arrest in a case (PS 209/2025) alleging offences under Sections 352, 351(2), 109 of the BNS and Section 27 of the Arms Act. The prosecution alleges that Yadav, after preventing an informant's son from fixing a tent near Ravi Yadav's house, opened fire, injuring the son. Yadav contended that the charges were motivated by personal animosity, while the State highlighted that four rounds were fired, one struck the victim, live cartridges were recovered, and Yadav has prior criminal antecedents. The Court examined whether the facts established a prima facie case justifying denial of anticipatory bail. Concluding that the circumstances did not merit anticipatory bail, the Court rejected the application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences and the facts disclosed.
- Whether the prosecution has made out a prima facie case sufficient to deny anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109, 351(2), 352
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Arms Act
- criminal antecedents
- prima facie case
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34597 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- CHANDAUTI District- Gaya
======================================================
Dharmendra Yadav S/O Late Suresh Yadav R/O Village- Shivnagar
Chandauti, P.S- Chandauti, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv.
For the State : Mr. Bharat Bhushan, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 1. Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Chandauti P.S. Case No. 209 of 2025 registered
for the offence punishable under Sections 352, 351(2), 109 of the
BNS and Section 27 of the Arms Act.
3. As per the prosecution story, the allegation is that
the son of the informant had gone near the house of Ravi Yadav
to fix a tent and in the meantime, this petitioner came and
prohibited him from doing the same. Upon protest, he allegedly
opened fire, which hit the informant’s son Anand Kumar. He was
shifted to ANMMCH, Gaya for treatment. This led to the FIR.
4. Learned counsel for the petitioner submits that he
has been implicated only due to animosity.
5. Learned APP, Mr. Bharat Bhushan, opposes the
Patna High Court CR. MISC. No.34597 of 2026(2) dt.19-05-2026
2/2
prayer, submitting that four rounds were fired, of which one hit
the son of the informant, and the police also recovered empty
and live cartridges from the place of occurrence. Further, he has
criminal antecedents.
6. Taking into account the submissions of the parties,
no case of anticipatory bail is made out.
7. Accordingly, the anticipatory bail stands rejected.
(Rajiv Roy, J)
Nirmal/-
U T
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