Patna High Court
Dhirendra Kumar @ Dhirendra Kumar Yadav @ Dhirendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Dhirendra Kumar Yadav, sought anticipatory bail after being implicated in a case alleging extortion, assault and other offences arising from a dispute over the construction of a boundary wall. He claimed the wall was being built on government land and that the informant falsely implicated him, asserting that any injuries were minor. The State opposed the bail, arguing the seriousness of the alleged offences under various sections of the Bihar Negotiable Securities Act. The court examined the petitioner's claim of false implication and the nature of the alleged injuries, and considered the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to a cash bond, sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences.
- Whether the allegations constitute a false implication warranting bail.
- Whether the conditions imposed under Section 482 of the B.N.S.S. are appropriate.
Legislation cited
- Bihar Negotiable Securities Act — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351, 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- extortion
- assault
- Criminal Procedure Code
- Bihar Negotiable Securities Act
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37416 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- GAYA MUFASIL District- Gaya
======================================================
Dhirendra Kumar @ Dhirendra Kumar Yadav @ Dhirendra Yadav Son of
Rambalak Yadav Resident of village- Surhari, PS - Gaya Muffasil, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Surabhi Nirmal, Advocate
Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. 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 offences punishable under Sections 126(2),
115(2), 109, 303(2), 324(4), 352, 351 and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that he was constructing boundary wall on his ancestral land on
21.01.2026 at 01:30 p.m. and his brother (Santosh) along with
his wife (Sheetal) came with food. It is next alleged that the
named accused persons including the petitioner along with six
unknown came and petitioner along with Virendra demanded
extoration of Rs.10 lakhs in lieu of letting the informant
construct the boundary wall. Further, petitioner with hoe and
Patna High Court CR. MISC. No.37416 of 2026(2) dt.17-06-2026
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Virendra with an iron rod assaulted Santosh causing injury on
head and Virendra snatched chain of Sheetal while other
accused were breaking the boundary wall.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that the boundary wall was
being constructed on a government land by the informant, as
such, it was objected, hence, an altercation took place in which
both sides assaulted each other. It is next submitted that even
presuming what has been alleged is true without admitting then
the injury suffered by the injured has been opined to be simple
in nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Court in connection with Gaya Mufassil P.S. Case No. 76 of
Patna High Court CR. MISC. No.37416 of 2026(2) dt.17-06-2026
3/3
2026, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
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