Patna High Court

Dharmendra Kumar Yadav @ Dharmendra YadavversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Anticipatory bail is granted to the petitioners subject to the conditions imposed by the Court.

Summary

The petitioners Dharmendra Kumar Yadav and Baharan Yadav sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S.S for allegedly assaulting the informant’s nephews with a “Daab”. The FIR alleged simple injuries, and the petitioners submitted medical reports confirming the injuries were minor. They argued the dispute arose from a disagreement over pavement construction on the land, and they have no prior criminal record. A co‑accused in the same matter had earlier been granted anticipatory bail by a coordinate bench. The State opposed the relief, but the Court, considering the facts, the similar bail order, and the petitioners’ clean record, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the B.N.S.S, 2023 given the nature of the alleged assault and their lack of prior criminal record.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
assault
Section 438 CrPC
Section 482 B.N.S.S
criminal procedure
bail bond
simple injury
land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79409 of 2025
                      Arising Out of PS. Case No.-454 Year-2024 Thana- KATEYA District- Gopalganj
                 ======================================================
           1.     Dharmendra Kumar Yadav @ Dharmendra Yadav Son of Hridyanand Yadav
                  Resident of Village - Kanchanpur (Bagahi Bazar), P.S. - Kateya, District -
                  Gopalganj.
           2.     Baharan Yadav @ Jitendra Yadav Son of Ramayan Yadav Resident of
                  Village - Kanchanpur (Bagahi Bazar), P.S. - Kateya, District - Gopalganj.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Pandey No.5
                 For the Opposite Party/s :       Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 115(2), 126(2), 118(1), 74, 109(1),

                   303(2), 191(2), 190, 351(2) and 352 of the BNS.

                                3. Allegation in the first information report is that the

                   petitioners are said to have assaulted the informant’s nephew by

                   means of Daab causing injuries.

                                4. Learned counsel for the petitioner submits that the

                   allegation on petitioner no. 1 is that of assaulting Guddu while

                   petitioner no. 2 is said to have assaulted Shambhu. The injury

                   reports of both the injured persons have been annexed as

                   Annexure-2 and 3 which indicate that the injuries are simple in
             Patna High Court CR. MISC. No.79409 of 2025(3) dt.21-01-2026
                                                         2/2




                       nature. It has also been submitted that there was a dispute

                       between the parties with regard to construction of pavement on

                       the land in question and one of the co-accused has been granted

                       anticipatory bail by a coordinate Bench of this Court vide order

                       dated 18.09.2025 passed in Cr. Misc. No. 64763 of 2023.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State.

                                    6.    Taking      into     consideration   the   facts   and

                       circumstances and also considering the fact that the similarly

                       situated co-accused has already been granted bail, let the

                       petitioners above named, who have no criminal antecedent, in

                       the event of their arrest or surrender before the learned Court

                       below within a period of four weeks, be released on anticipatory

                       bail in connection with Kateya P.S. Case no.454 of 2024 on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                       each with two sureties of the like amount each to the satisfaction

                       of the learned Court below where the case is pending subject to

                       the condition laid down under Section 438(2) of the Code of

                       Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.



                                                 (Soni Shrivastava, J)
devendra/-
U      T

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