Dhanji Singh @ Dhanji Yadav @ Shiv Nath Singh Vs The State… — Anticipatory Bail | Patna HC (2025)

Dhanji Singh @ Dhanji Yadav @ Shiv Nath Singh Vs The State… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the three petitioners in connection with Jagdishpur P.S. Case No. 451 of 2023, conditional on arrest/surrender before the learned court below within six weeks and furnishing a bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Jagdishpur P.S. Case No. 451 of 2023 registered for offences under Sections 147, 341, 323, 448, 379, 307 and 504 of the Indian Penal Code, are entitled to anticipatory bail.

Ratio / Principle

Considering the submissions, mainly the petitioners' plea of a free-fight having taken place between both the parties (with case and counter-case arising out of a land dispute) coupled with the petitioners' fair and clean antecedents mentioned in the petition, the court deemed it a fit case for anticipatory bail to the petitioners.

Key takeaways

In the event of arrest or surrender before the learned court below within a period of six weeks, the petitioners were to be released on anticipatory bail in connection with Jagdishpur P.S. Case No. 451 of 2023.ratio¶20
Release was conditioned on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the Court concerned.ratio¶20
The anticipatory bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Patna High Court (Shailendra Singh, J., oral order dated 02-04-2025) in CRIMINAL MISCELLANEOUS No.13962 of 2025 granted anticipatory bail to Dhanji Singh @ Dhanji Yadav @ Shiv Nath Singh, Bhagelu Yadav @ Bhagelu Singh and Manish Kumar, who apprehended arrest in Jagdishpur P.S. Case No. 451 of 2023 dated 26.10.2023, registered for offences punishable under Sections 147, 341, 323, 448, 379, 307 and 504 of the Indian Penal Code. Grant rested on the submissions advanced by the petitioners' counsel that the incident was a free-fight between both parties arising out of a land dispute, with case and counter-case, grievous injuries confined to non-vital parts of the body, coupled with the petitioners' fair and clean antecedents mentioned in the petition. Release was made conditional on arrest/surrender before the learned court below within six weeks, furnishing a bail bond of Rs. 20,000/- each with two sureties of the like amount each, and compliance with the conditions under Section 438(2) of the Cr.P.C. No precedent was cited or engaged with.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13962 of 2025

Arising Out of PS. Case No.-451 Year-2023 Thana- JAGDISHPUR District- Bhojpur

======================================================

Dhanji Singh @ Dhanji Yadav @ Shiv Nath Singh, S/O Bhagelu Yadav R/O Village- Police ke Dera, P.S- Jagdishpur, Distt.- Bhojpur.

Bhagelu Yadav @ Bhagelu Singh, S/O Late Sardar Singh R/O VillagePolice ke Dera, P.S- Jagdishpur, Distt.- Bhojpur.

Manish Kumar, S/O Kashinath Yadav R/O Village- Police ke Dera, P.SJagdishpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 02-04-2025

1. Heard Mr. Prabhat Kumar Singh, learned counsel for the petitioners and Mr. Shahabuddin Azeem @ S. Azeem, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Jagdishpur P.S. Case No. 451 of 2023 dated 26.10.2023, registered for the offence(s) punishable under Section(s) 147, 341, 323, 448, 379, 307 and 504 of the Indian Penal Code.

3. The main submissions advanced by petitioners' counsel are that in between both the parties there is a land dispute, in the instant matter, four persons are said to have

Patna High Court CR. MISC. No.13962 of 2025(2) dt.02-04-2025 2/3

sustained injuries but most of their injuries have been opined to be simple in nature except one injury to the injured Ram Bahadur Yadav, one injury to Dashrath Kumar and one injury to Bir Bahadur Yadav but all the said grievous injuries were found on non-vital part of the body, in fact, the instant matter relates to free-fight having taken place in between both the parties due to the land dispute and there is case and counter case in between them and petitioners' side also sustained injury. It is further submitted that the petitioners have fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Considering the aforesaid submissions mainly petitioners' plea as to free-fight having taken place in between both the parties and coupled with fair and clean antecedent of the petitioners as mentioned in the petition, in my opinion, it is a fit case for anticipatory bail to the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Jagdishpur P.S. Case No. 451 of 2023 on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.13962 of 2025(2) dt.02-04-2025 3/3

of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J)

Rajiv/-

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