Dhiraj Yadav @ Dheeraj Kumar v. The State of Bihar
CR. MISC./72438/2025 · 2025-11-11
Satyavrat Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112688 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112688 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72438 of 2025 Arising Out of PS. Case No.-286 Year-2025 Thana- SUPAUL District- Supaul ======================================================
1. Dhiraj Yadav @ Dheeraj Kumar S/o Late Permeshwari Yadav R/o village - Chainsingh Patti, Ward No. 04, P.S - Supaul, District - Supaul
2. Roshan Kumar S/o Chandeshwari Yadav R/o village - Chainsingh Patti, Ward No. 04, P.S - Supaul, District - Supaul
3. Jivachh Yadav @ Jeevach Yadav S/o Kamleshwari Yadav R/o village - Chainsingh Patti, Ward No. 04, P.S - Supaul, District - Supaul
4. Jivendra Yadav @ Jivendra Kumar S/o Kamleshwari Yadav R/o village - Chainsingh Patti, Ward No. 04, P.S - Supaul, District - Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Md. Shakir Ahmad ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 11-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioner nos.1, 3 and 4 are persons with clean antecedent and petitioner no.2 has antecedent of one case and the informant alleges that 13 accused persons including
Patna High Court CR. MISC. No.72438 of 2025(2) dt.11-11-2025 2/4 the petitioners on 04.06.2025 at 7.00 PM came and started abusing his father, thereafter Raushan assaulted his father Shatrughan by dabiya causing injury on head, while Dhiraj assaulted Pramod by farsa causing injury on head, thereafter Jitendra assaulted Shyam by khanti causing injury on leg and thereafter, Jiwachh assaulted Shatrughan by bhala causing injury on shoulder. Further, Kamleshwari assaulted Ramu repeatedly by lathi causing injury on back thereafter female accused snatched and ear ring and accused also looted cash and articles as disclosed in the FIR. 4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is further submitted that petitioners and the informant are agnates and are having dispute relating to property. It is next submitted that from the side of the petitioners Supaul P. S. Case No.276 of 2025 has been instituted, as such, the instant FIR is the counter-blast. It is further submitted that there is no specific allegation of assault against petitioner nos.1 and 4, though petitioner no.2 Raushan is alleged to have assaulted Shatrughan by dabiya causing injury on head
Patna High Court CR. MISC. No.72438 of 2025(2) dt.11-11-2025 3/4 while Jiwachh, petitioner no.3 is alleged to have assaulted Shatrughan by bhala causing injury on shoulder, but then, the injury suffered by the injured has been opined to be simple in nature as specifically pleaded at Para-9 of the anticipatory bail application. 5.
Learned A.P.P. vehemently opposes the anticipatory bail application and submits that as far as petitioner no.2 is concerned, he has antecedent of one case under Section 302 of the I.P.C. and is alleged to have assaulted father of the informant by dabiya causing injury on head which is vital part of the body and if privilege of anticipatory bail is granted, petitioner no.2 may abscond or try to tamper with the evidence. 6. After hearing the learned counsel for the parties, the petitioner nos.1, 3 and 4, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Supaul in connection with Supaul P. S. Case
Patna High Court CR. MISC. No.72438 of 2025(2) dt.11-11-2025 4/4 No.286 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS. 7. The application stands allowed. 8. So far as petitioner no.2, Roshan Kumar is concerned, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner no.2, taking into
consideration his criminal antecedent.
9. The prayer of the petitioner no.2, Roshan Kumar for anticipatory bail stands rejected.
vikash/- (Satyavrat Verma, J) U T