Patna High Court
Dinesh DasversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The Court granted bail to petitioner 1 but denied bail to petitioner 2.
Summary
The petitioners, Dinesh Das and his son Dilkhush Kumar, were charged in a 2025 case for allegedly assaulting an informant with an iron rod, causing simple injuries. They sought bail, claiming innocence and asserting that the dispute stemmed from a land conflict, with a case and counter‑case between the parties. The informant opposed bail, alleging that petitioner 2 directly assaulted him at petitioner 1’s instigation. The State also opposed bail but noted the injury was simple. The Court, considering the simple nature of the injury and the existence of a case‑and‑counter‑case, granted bail to petitioner 1 subject to a bond and conditions, but denied bail to petitioner 2, directing the trial court to consider his surrender‑cum‑bail application if he appears within six weeks.
Issues considered
- What is the appropriate bail disposition under the Bharatiya Nagrik Suraksha Sanhita, 2023 for accused persons where the injury is simple and there is a case‑and‑counter‑case?
- Whether the allegations against petitioner 2 warrant denial of bail despite the simple nature of the injury?
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 329(3), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- simple injury
- case and counter case
- land dispute
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10511 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
1. Dinesh Das S/o Bindeshwari Das R/o Village - Bhoura, P.S - Simri
Bakhtiarpur, District - Saharsa At Present R/o - Kanu Tola, W.N - 23, P.S -
Simri Bakhtiarpur, District - Saharsa
2. Dilkhush Kumar S/o Dinesh Das R/o Village - Bhoura, P.S - Simri
Bakhtiarpur, District - Saharsa At Present R/o - Kanu Tola, W.N - 23, P.S -
Simri Bakhtiarpur, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar Singh
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Bakhtiarpur P.S. Case No. 150/2025 lodged on
05.05.2025, for the offences punishable under sections
126(2)/115(2)/329(3)/109/352/351(2)/3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the F.I.R. has been
lodged against five named accused persons including the present
petitioners, alleging therein that they assaulted the informant on
his head with an iron rod, due to which he sustained injuries and
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became unconscious.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
further submits that the petitioners and the informant are well
known to each other. It is submitted that the informant intends to
grab the land of the petitioners and, when the same was opposed
by them, a scuffle took place between the parties. Learned
counsel further submits that there is a case and counter-case
between the parties arising out of the same date and place of
occurrence. According to him, the dispute has arisen only on
account of a land dispute, as the informant’s side was trying to
encroach upon the land of the petitioners. It is further submitted
that the antecedent of petitioner no. 1 is not clean as two
criminal cases are pending against him, however, he has been
granted bail in those cases. Petitioner no. 2, on the other hand,
has no criminal antecedent.
5. Learned counsel for the informant, on the other
hand, vehemently opposes the prayer for bail and submits that
there is a specific allegation against petitioner no. 2 that he
assaulted the informant on the head with an iron rod, causing
injury, and that the said assault was made at the instance of
petitioner no. 1.
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6. Learned APP for the State also opposes the prayer
for bail but fairly submits that the nature of injury, as reflected
from Annexure-P/3, has been shown to be simple in nature.
7. Considering the the fact that there is case and
counter case, and injury is simple in nature, there is no
allegation of acausing injury by petitioner no.1, this Court
hereby grants bail to petitioner no.1 abovementioned, in the
event of arrest or surrender before the Trial Court within a
period of four weeks from today, on furnishing bail bond of
₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction
of the learned CJM, Saharsa, in connection with the
aforementioned case, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023.
8. So far as petitioner no.2 is concerned though the
injury is simple in nature but allegation of assault is there,
therefore, this Court is not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner in connection
with the aforementioned case, is hereby rejected.
9. However, if the petitioner no2 surrenders before
the Trial Court within six weeks from today, the Trial Court is
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directed to pass an order on his surrender-cum-bail application
on the same day, after going through the injury report and other
aspect of the matter, without being prejudiced by the fact that
the petitioner’s anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J)
Ashwini/-
U T
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