Dharmendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54477 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.
Dharmendra Yadav S/O Dowarika Yaadav R/O Village- Sakrawan, P.SAsthawan, Distt.- Nalanda. 2.
Ramnivas Yadav S/O Dharmendraa Yadav R/O Village- Sakrawan, P.SAsthawan, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mazid Mehboob Khan, Advocate :
Ms. Anjali Kumari, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Asthawan P.S. Case No. 189 of 2025 instituted for the offences under Sections 126(2), 115(2), 117(2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution story, in short, is that all the accused persons including these petitioners assaulted the informant and one Praveen Kumar.
4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and
Patna High Court CR. MISC. No.54477 of 2025(2) dt.18-08-2025 2/3 omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. The only specific allegation against petitioner no. 1 is that he assaulted one Praveen Kumar with the butt of the pistol. It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.06.2025. Petitioner no. 1 has three criminal antecedent whereas petitioner no. 2 has one criminal antecedent. Charge-sheet has been submitted in this case.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Asthawan P.S. Case No. 189 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.54477 of 2025(2) dt.18-08-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T