Dhanraj Prasad @ Dhanraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45190 of 2026 Arising Out of PS. Case No.-596 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Dhanraj Prasad @ Dhanraj Yadav, Son of Late Chintaman Yadav @ Chintawan Prasad, Resident of Village-Manjhauli, P.S.- Fatehpur, DistrictGaya Ji, Bihar, Pin- 824232 ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anmol Kumar, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Fatehpur P.S. Case No. 596 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 351(2), 352 read with 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The allegation against the petitioner is to assault the informant and others by using lathi and iron rod, causing bodily injury with intention to cause death.
4. Learned counsel appearing on behalf of the petitioner submitted that the occurrence was free fight in
Patna High Court CR. MISC. No.45190 of 2026(2) dt.03-07-2026 2/3 nature. It is submitted that out of previous enmity arising out of Fatehpur P.S. Case No. 286/2024, the present false case was lodged against the petitioner. It is pointed out that upon facial perusal of the FIR, it can be gathered safely that allegation qua physical assault is very much general and omnibus against this petitioner, whereas same appears specific to the extent with co-accused Sunil Yadav and Pankaj Yadav, where Sunil Yadav (co-accused) has already granted anticipatory bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 22870/2025 dated 01.05.2025 and co-accused namely, Vijay Yadav @ Vijay Kumar has already granted anticipatory bail by this Court through Cr. Misc. No.27477 of 2025 dated 13.01.2026, and, therefore, considering the judicial parity, the petitioner also deserves bail. The petitioner claimed clean antecedent.
5. Learned A.P.P. for the State while opposing the prayer for anticipatory bail of the petitioner, could not disputed that allegation qua physical assault against the petitioner is general and omnibus in nature, as submitted by learned counsel for the petitioner.
Patna High Court CR. MISC. No.45190 of 2026(2) dt.03-07-2026 3/3
6. In view of the aforesaid factual submissions and by taking note of the fact as allegation qua physical assault is appearing very much general and omnibus against the petitioner, coupled with the fact that other co-accused have already granted anticipatory bail as discussed aforesaid, accordingly, above-named petitioner, who is man of clean antecedent, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya Ji/concerned court in connection with Fatehpur P.S. Case No. 596 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J.) Sanjeet/- U T