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Patna High Court

Dharmendra YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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