IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74403 of 2025 Arising Out of PS. Case No.-259 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Dharmendra Kumar @ Dharmendra Mistry Son of Mahendra Mistri Resident of village- Bhare, Ps- Fatehpur, Dist- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 21-01-2026 Heard Mr. Abhijeet Abhigyan, learned counsel for the petitioner and Mrs. Suman Kumari Singh, learned APP 2. The petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No. 259 of 2020 for the offence under sections 341, 323, 308, 337, 338, 324, 504, 506 and 34 of the Indian Penal Code lodged on 03.11.2020 by the informant, Nandan Kumar Verma. 3. As per the prosecution story, lodged in the year 2020, the informant alleged that the Satyendra Mistri and Dharmendra Mistri (petitioner herein) came to the door on the ground that informant has lodged the case, the same should be withdrawn. Upon opposition, allegation is that Dharmendra Mistri threw a brick which hit his mouth and dislocated the jaws. When the nephew, Vivek Kumar came to rescue, he was Patna High Court CR. MISC. No.74403 of 2025(3) dt.21-01-2026 2/2 also assaulted by the petitioner causing injury in the ear. The injured were shifted to Patna and as such, delayed FIR. 4. Though learned counsel for the petitioner tried to impress upon this Court regarding his innocence as also his absence from the State due to livelihood, learned APP opposes the prayer submitting that not only his assault led to fracture of jaws, despite he being the main accused, evaded arrest for five years without availing legal remedy. 5. Considering the aforesaid fact that has been recorded, no relief can be granted to the petitioner. 6. The anticipatory bail application stands rejected. 7. If, however, the petitioner surrenders within four weeks, the concerned Court shall take up the matter and dispose it of preferably on the same day. Adnan/- (Rajiv Roy, J) U T