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Patna High Court

Dinesh DasversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
Patna High Court CR. MISC. No.10511 of 2026(2) dt.12-03-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.10511 of 2026(2) dt.12-03-2026
                                            3/4




                       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
            Patna High Court CR. MISC. No.10511 of 2026(2) dt.12-03-2026
                                                        4/4




                      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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