Dharmendra Yadav @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23316 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- CHAORI District- Bhojpur ====================================================== Dharmendra Yadav @ Dharmendra Kumar Son of Late Ram Awadhesh Singh @ Awadhesh Yadav Resident of Village - Bhikhampur, Police Station - Choari, District - Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-07-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chaori P.S. Case no.11 of 2025 registered under Sections 126(2), 115(2), 303(2), 109(1) and 352 of the B.N.S, 2023.

3. The allegation in the F.I.R is that when the informant went to the house of the petitioner demanding his money back, he was abused and assaulted by the petitioner on his nose. The informant's brother who came to rescue him the petitioner also assaulted him by means of iron rod due to which he sustained head injury.

4. Learned counsel for the petitioner submits that it would be apparent from the F.I.R itself that it was the informant who had gone to the house of the petitioner and there was some dispute existing between them. However, F.I.R was lodged after a delay of 17 hours and the same has been received before the Court after a delay of nine days. It is further submitted that both the parties are the neighbors and due to land dispute, the

Patna High Court CR. MISC. No.23316 of 2025(4) dt.24-07-2025 2/2 occurrence has taken place. So far as allegation of assault is concerned, it has been submitted that while the informant has received no injury and the injury report of his brother Kanhaiya Singh whose injury had been kept reserved, has been found to be simple in nature by way of supplementary injury report. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the entire facts and circumstances of the case, it is directed that the petitioner above named, having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chaori P.S. Case no.11 of 2025 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, Bhojpur at Arrah, 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) Harsh/- U T