Dhamu Kumar Yadav @ Dhamu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62354 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- SATHI District- West Champaran ====================================================== Dhamu Kumar Yadav @ Dhamu Yadav S/o Sipahi Yadav @ Sipahee Yadav R/o Khajuria, PS- Sathi, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sathi P.S. Case No. 69 of 2025 dated 17.03.2025, instituted for the offence punishable under Sections 191(3), 191(2), 190, 117, 118(1), 115(2), 109(1), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, when the informant was sitting at his door then the petitioner along with other accused persons armed with weapons came and started abusing. When informant objected then Narsingh Yadav ordered to kill him then the FIR named accused persons including the petitioner started assaulting the informant and his family members. When Tunnu Yadav came to save the informant then
Patna High Court CR. MISC. No.62354 of 2025(2) dt.10-09-2025 2/3 he was assaulted with iron rod on his head by Dhamu Yadav (petitioner).
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that both the sides are agnates. It is next submitted that the occurrence took place on 21.12.2024 but the Complaint Case was filed on 12.02.2025 i.e. after a delay of 1 month 22 days without any plausible explanation. There is a case and counter case between the parties. Counter case bearing Sathi P.S. Case No. 257 of 2024 was lodged by the mother of co-accused, Dadan Yadav namely Umravati Devi against informant's side. Learned counsel further submitted that the three injuries have been sustained by Tunnu Yadav due to assault by the petitioner. Injury no. 1 & 3 are simple in nature while injury no. 2 is found to be grievous in nature caused by hard and blunt substance. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of
Patna High Court CR. MISC. No.62354 of 2025(2) dt.10-09-2025 3/3 six weeks from today, in connection with Sathi P.S. Case No. 69 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T