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Patna High Court

Dharmendra Kumar @ Dharmendra MistryversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied.

Summary

The petitioner, Dharmendra Kumar Mistry, sought anticipatory bail in connection with a 2020 case alleging multiple offences under the Indian Penal Code, including assault and grievous hurt. The prosecution alleged that the petitioner assaulted the informant and his nephew, causing serious injuries. The petitioner claimed innocence and highlighted his absence from the state due to livelihood concerns. The court noted that the petitioner, as the main accused, had evaded arrest for five years without seeking legal remedy. Considering these facts, the court found no basis to grant relief and rejected the anticipatory bail application, directing that surrender within four weeks would lead to a prompt trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite alleged offences under IPC sections 341, 323, 308, 337, 338, 324, 504, 506 and 34 and his alleged evasion of arrest for five years.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • grievous hurt
  • criminal procedure
  • bail
  • non-appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74403 of 2025
                       Arising Out of PS. Case No.-259 Year-2020 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Dharmendra Kumar @ Dharmendra Mistry Son of Mahendra Mistri Resident
                 of village- Bhare, Ps- Fatehpur, Dist- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Abhigyan, Advocate
                 For the Opposite Party/s :       Mrs. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-01-2026                  Heard Mr. Abhijeet Abhigyan, learned counsel for the

                   petitioner and Mrs. Suman Kumari Singh, learned APP

                                2. The petitioner is apprehending his arrest in

                   connection with Fatehpur P.S. Case No. 259 of 2020 for the

                   offence under sections 341, 323, 308, 337, 338, 324, 504, 506

                   and 34 of the Indian Penal Code lodged on 03.11.2020 by the

                   informant, Nandan Kumar Verma.

                                3. As per the prosecution story, lodged in the year

                   2020, the informant alleged that the Satyendra Mistri and

                   Dharmendra Mistri (petitioner herein) came to the door on the

                   ground that informant has lodged the case, the same should be

                   withdrawn. Upon opposition, allegation is that Dharmendra

                   Mistri threw a brick which hit his mouth and dislocated the

                   jaws. When the nephew, Vivek Kumar came to rescue, he was
          Patna High Court CR. MISC. No.74403 of 2025(3) dt.21-01-2026
                                                      2/2




                    also assaulted by the petitioner causing injury in the ear. The

                    injured were shifted to Patna and as such, delayed FIR.

                                 4. Though learned counsel for the petitioner tried to

                    impress upon this Court regarding his innocence as also his

                    absence from the State due to livelihood, learned APP opposes

                    the prayer submitting that not only his assault led to fracture of

                    jaws, despite he being the main accused, evaded arrest for five

                    years without availing legal remedy.

                                 5. Considering the aforesaid fact that has been

                    recorded, no relief can be granted to the petitioner.

                                 6. The anticipatory bail application stands rejected.

                                 7. If, however, the petitioner surrenders within four

                    weeks, the concerned Court shall take up the matter and dispose

                    it of preferably on the same day.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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