Patna High Court
Dharmendra Kumar @ Dharmendra MistryversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 308, 323, 324, 337, 338, 34, 341, 504, 506
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
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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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