Patna High Court
Dharmendra Rawat @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to Dharmendra Rawat subject to bond and conditions, while dismissing Jitendra Kumar's anticipatory bail as infructuous.
Summary
The petitioners, Dharmendra Rawat and Jitendra Kumar, applied for anticipatory bail under Section 438 of the CrPC (now BNSS) in connection with FIR No.794/2024 alleging assault with bricks and alleged firing, charged under Sections 125(a), 351(2), 351(3), 191(2), 190 of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. Jitendra Kumar was arrested during the pendency of the petition, rendering his anticipatory bail request infructuous and it was dismissed. The petition then proceeded only for Dharmendra Rawat, who contended that the incident was a free fight, no one sustained gunshot injuries and the allegations were vague and omnibus. The State opposed the bail, citing the seriousness of the charges. The Court, noting the lack of concrete injury and the general nature of the allegations, granted Dharmendra Rawat anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with conditions under Section 438(2) CrPC and Section 482(2) BNSS, to be surrendered within four weeks.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains general and omnibus allegations without proven injury.
- Whether the arrest of a co‑petitioner defeats the anticipatory bail application of the other petitioner.
- Whether the charges under the Bhartiya Nyaya Sanhita and the Arms Act justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 125(a), 190, 191(2), 351(2), 351(3)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- general allegations
- arms act
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
- Jamui
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72911 of 2025
Arising Out of PS. Case No.-794 Year-2024 Thana- JAMUI District- Jamui
======================================================
1. Dharmendra Rawat @ Dharmendra Kumar, Son of Bajrangi Mandal,
Resident of Village-Lagma, P.S.- Jamui, Dist- Jamui
2. Jitendra Kumar @ Jeetendra Ravat, Son of Bajrangi Ravat, Resident of
Village- Lagma P.S.- Jamui, Dist- Jamui
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar Sinha, Advocate
For the State : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 21-01-2026 At the outset, it is submitted by learned
counsel that petitioner no.2, namely, Jitendra Kumar
@ Jeetendra Ravat has been arrested during
pendency of present petition and, therefore, his
prayer qua anticipatory bail has become infructuous.
2. In view of aforesaid submission, the
anticipatory bail prayer of petitioner no.2 namely,
Jitendra Kumar @ Jeetendra Ravat stands dismissed,
as having become infructuous.
3. Now, this petition survives only for
petitioner no.1, namely, Dharmendra Rawat @
Dharmendra Kumar.
4. The accused/petitioner No.1 is named in
the FIR and apprehending his arrest in connection
Patna High Court CR. MISC. No.72911 of 2025(4) dt.21-01-2026
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with Jamui P.S. Case No.794 of 2024 registered under
Sections 125(a), 351(2), 351(3), 191(2), 190 of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) and
Section 27 of the Arms Act.
5. As per FIR, named co-accused including
petitioner assaulted the informant and others by
pelting a brick piece/stones, where further allegation
is of firing during the occurrence also, the occurrence
forced informant and others to left village.
6. It is submitted by learned counsel
appearing for petitioner that the occurrence was free
fight in nature for which Jamui P.S. Case No.791 of
2024 dated 07.12.2024 was lodged by petitioners’
side also. It is pointed out that during the
occurrence, no one received any gunshot injuries
and therefore, allegation of firing was raised only to
aggravate the occurrence. It is submitted that even
the allegation qua pelting brick piece/stones and also
firing appears very much general and omnibus in
nature. Explaining criminal antecedent, it is
submitted that petitioner found involved in one more
criminal case, where he is on bail.
7. Learned APP appearing for the State
Patna High Court CR. MISC. No.72911 of 2025(4) dt.21-01-2026
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opposed the prayer for anticipatory bail.
8. In view of aforesaid factual submissions
and by taking note of general and omnibus
allegation qua pelting brick piece/stones and also of
firing, where none received injuries during the
occurrence, accordingly, the petitioner No.1, namely,
Dharmendra Rawat @ Dharmendra Kumar, in the
event of his arrest or surrender in the court below
within a period of four weeks from today, is directed
to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Jamui in connection
with Jamui P.S. Case No.794 of 2024, subject to the
conditions as laid down under Section 438(2) of the
Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha
Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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