Dharmendra Kumar @ Bhushan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58692 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- KADIRGANJ District- Patna ====================================================== Dharmendra Kumar @ Bhushan Prasad S/o Late Kapildev Mahto R/o Village - Datmai, P.S - Kadirganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath For the State :

Mr. Sanjay Kumar Tiwary- A.P.P.

For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-09-2025

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

2. No one appears on behalf of the informant.

3. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109(1) of the B.N.S.

4. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner forcibly took his mother in the night and sold the land and kept Rs.20 Lacs. Further, when informant went to ask for money for his mother's expense, the accused persons started assaulting, when his wife came to save him, the petitioner along with his two sons assaulted his wife by

Patna High Court CR. MISC. No.58692 of 2025(2) dt.08-09-2025 2/3 hammer causing injury on head.

5. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner and the informant are own brother and are having dispute relating to land. It is also submitted that no specific allegation of assault is alleged against the petitioner. It is next submitted that even the injury suffered by the injured is simple in nature as would manifest from Annexure-2 to the anticipatory bail application. It is also submitted that on account of dispute relating to land, an altercation had taken place in which both sides had assaulted each other.

6. The learned Additional Public Prosecutor opposes the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna in connection with

Patna High Court CR. MISC. No.58692 of 2025(2) dt.08-09-2025 3/3 Kadirganj P. S. Case No.104 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T