Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28446 of 2026 Arising Out of PS. Case No.-434 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Dharmendra Yadav S/o Wakil Rai, R/o Village- Laxmipur, PS- Muffasil, Distt-East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhandev Kumar, Advocate.

For the Opposite Party/s :

Mr. Anil Kumar Singh No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No.434 of 2025 instituted under Sections 126(2), 115(2), 109(1), 76, 303(2), 352, 351(2), 3(5) of the B.N.S., 2023.

3. As per the prosecution case, the allegation against the co-accused Sanjay Yadav is that he had assaulted the informant with farsa on his head and when the son of informant Chandan Kumar tried to rescue the informant, then co-accused Arjun Yadav and the petitioner namely Dharmendra Yadav assaulted him on the head by iron dab. It is alleged that they have outraged the modesty of wife of informant by physically

Patna High Court CR. MISC. No.28446 of 2026(2) dt.29-04-2026 2/3 assaulting her and snatching her gold chain worth Rs.1.5 lacs.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that both the parties are gotiya to each other and due to land dispute, a free fight taken place between the parties. Learned counsel submits that there is case and counter case between the parties for the same occurrence. He further submits that the injury to the injured Chandan Kumar is lacerated wound and for the opinion it was referred to higher center but no report as of now has been submitted. Learned counsel submits that now both the parties have compromised the matter. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as his clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.28446 of 2026(2) dt.29-04-2026 3/3 (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions Judge-20, East Champaran, Motihari/ concerned Court in connection with Muffasil P.S. Case No.434 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T