Created by Fuzzy Cloud

Patna High Court

Dhamendra Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.