Patna High Court
Dhamendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied as the court was not inclined to extend the privilege in the present circumstances.
Summary
The petitioner, Dhamendra Kumar Yadav, sought anticipatory bail after being implicated in a theft case (Sections 379 and 411 IPC) involving the sale of tyres, batteries and diesel from a Hyva he was driving. He claimed a clean record and argued that the informant falsely implicated him, noting that the tyre had a flat and the vehicle was parked when the items were stolen, and that the FIR was filed three days after the incident. The State’s counsel opposed bail, stating that a co‑accused had been arrested, the stolen articles recovered, and the petitioner’s name was disclosed during investigation, which is ongoing. The Court considered the State’s submission and the seriousness of the allegations, and decided not to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under Sections 379 and 411 IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 379, 411
Subjects
- anticipatory bail
- theft
- IPC
- CrPC
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4589 of 2026
Arising Out of PS. Case No.-232 Year-2023 Thana- KHODAWANDPUR District- Begusarai
======================================================
Dhamendra Kumar Yadav S/o Ramjit Yadav Resident of village- Chhatanwar,
Police Station- Krishnabraham, District- Buxer
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvottam Kumar
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Khodawandpur PS Case No. 232 of 2023 registered for the
offences punishable under Sections 379 and 411 of IPC.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner, who was driver of Hyva of the informant,
sold five tyres with rim along with two batteries and 200 litres
of diesel to Raushan and Gulshan and fled leaving the Hyva at
Daulatpur.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner is driver of Hyva
Patna High Court CR. MISC. No.4589 of 2026(2) dt.13-03-2026
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of the informant, but on 3-8-2023, the tyre got flat as such he
parked the Hyva near Daulatpur cold storage, when the
aforesaid articles, as detailed in the FIR, were stolen. It is also
submitted that FIR was instituted after a delay of three days.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that one Raushan
was arrested from whom the sold articles were recovered and he
disclosed the name of the petitioner. It is next submitted that
investigation in the case is continuing.
6. Considering the submission made by learned APP,
the Court is not inclined to extend the privilege of anticipatory
bail to the petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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