Patna High Court
Dharamveer Kumar @ Dhanveer YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petitioners' application for anticipatory bail.
Summary
The petitioners, Dharamveer Kumar and Harbol Yadav, sought anticipatory bail fearing arrest in a case alleging offences under multiple sections of the B.N.S. and Section 27 of the Arms Act, including assault, extortion and firing of bullets that injured the informant's brother. The prosecution alleged that on 24 April 2025 the accused assaulted an informant's driver and demanded Rs. 1,00,000, also firing indiscriminately. The petitioners contended they were innocent, stating that a dispute over soil extraction led to a quarrel in which both sides were injured, and that the specific gunshot injury was attributed to another co‑accused, Rohit Yadav, with no specific allegation against them. They highlighted the general and omnibus nature of the accusations and their clean antecedents. The State opposed the bail. The court, considering the lack of specific charges against the petitioners and their clean record, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains general and omnibus allegations without specific charges against the petitioners
- Whether the petitioners' clean antecedents justify the grant of anticipatory bail
- Whether the presence of other co‑accused bearing specific responsibility for the alleged gunshot injury precludes bail for the petitioners
Legislation cited
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- Criminal Procedure
- Arms Act
- extortion
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.809 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. Dharamveer Kumar @ Dhanveer Yadav Son of Shankar Yadav Resident of
Village - East Dighaun, PS - Beldaur, Khagaria, Bihar.
2. Harbol Yadav @ Haribol Yadav Son of Shankar Yadav Resident of Village -
East Dighaun, PS - Beldaur, Khagaria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Shekhar Kumar Singh, Advocate
For the State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 118(1), 109, 308(4), 352, 351(2), 351(3) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, on 24.04.2025 at about 11
AM, all the F.I.R. named accused persons, including these
petitioners, assaulted driver of the informant and demanded Rs.
1,00,000/- as extortion money. It is further alleged that the
accused persons also indiscriminately fired bullets due to which,
brother of informant, namely Sidho Yadav, received a bullet
Patna High Court CR. MISC. No.809 of 2026(2) dt.28-04-2026
2/3
injury on his chest.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, on the alleged
date and time of occurrence, informant and others were forcibly
extracting soil from the field of these petitioners and upon
protest, quarrel took place between the parties in which both
sides sustained injuries. There is case and counter-case. It is
further submitted that from bare perusal of the F.I.R. it is
apparent that specific accusation of causing gun shot injury is
against co-accused Rohit Yadav. So far as these petitioners are
concerned, there are general and omnibus nature of allegations
and no specific accusation of any overt act has been alleged
against these petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.809 of 2026(2) dt.28-04-2026
3/3
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Khagaria in
connection with Beldaur P.S. Case No. 121 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…