Patna High Court

Dhirendra KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court ordered that both petitioners be released on anticipatory bail upon furnishing the prescribed bond and sureties.

Summary

The petitioners, Dhirendra Kumar and Saheb Kumar, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioners, along with others, attacked an informant’s house, hurled stones, and fired a pistol. The petitioners contended they were falsely implicated due to a prior dispute, asserted that no one was injured and no weapon was recovered, and pledged cooperation with the investigation. The court examined the FIR, noted the admitted dispute and the absence of any injury, and found the allegations insufficient to deny bail. Consequently, the court granted anticipatory bail to both petitioners, subject to a bail bond of Rs.10,000 with two sureties each, to be satisfied before the Sub Divisional Judicial Magistrate.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the alleged offences.
Whether the FIR allegations constitute sufficient grounds for arrest despite the lack of injury and recovered weapon.
Whether the prior dispute between the parties justifies granting bail.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352

Subjects

anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
Arms Act
stone pelting
dispute
no injury
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3481 of 2026
                      Arising Out of PS. Case No.-501 Year-2025 Thana- DHANARUA District- Patna
                 ======================================================
           1.     Dhirendra Kumar, Son of Lala Prasad, Resident of Village- Deochand Vigha
                 PS- Dhanarua District -Patna.
           2.    Saheb Kumar, Son of Nageshwar Prasad, Resident of Village- Deochand
                 Vigha PS- Dhanarua District -Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Upendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Dhanarua P.S. Case no.501 of 2025, registered under

                   sections 109(1), 115(2), 126(2), 351(2), 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

                                3. As per the prosecution case, the informant states

                   that as a result of prior dispute between the parties, the four

                   named accused persons including the two petitioners herein as

                   also four unknown accused persons came to the informant’s

                   house and started to hurl abuses. It is further stated that they

                   started pelting bricks and stones and thereafter the petitioners
Patna High Court CR. MISC. No.3481 of 2026(2) dt.28-01-2026
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          herein as also one Satendra Prasad resorted to indiscriminate

          firing with a pistol.

                       4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the case as a result of

          prior dispute between the parties which is evident from the

          contents of the F.I.R. itself. Besides the allegations being

          general and omnibus in nature, no person was injured in the

          entire occurrence nor any incriminating article recovered from

          the place of occurrence. The petitioners undertake to cooperate

          in the investigation/trial.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          having perused the contents of the F.I.R., taking into

          consideration the admitted dispute between the parties and

          especially no person having been injured in the entire

          occurrence, it is directed that both the petitioners above named,

          in the event of their arrest or surrender before the learned Court

          below within a period of four weeks, be released on anticipatory

          bail in connection with Dhanarua P.S. Case no.501 of 2025 on

          each of them furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
            Patna High Court CR. MISC. No.3481 of 2026(2) dt.28-01-2026
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                      satisfaction of the learned Sub Divisional Judicial Magistrate,

                      Masaurhi, Patna.


                                                     (Partha Sarthy, J)
avinash/-

U      T

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