Patna High Court
Bharat Das @ Bharat TatmaversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The Court granted bail to Bharat Das but denied anticipatory bail to Dhirendra Das.
Summary
The petitioners, Bharat Das and Dhirendra Das, sought bail in a criminal case (Bathnaha P.S. Case No.99 of 2025) involving multiple offences under the BNSS, 2023, including assault and causing injury. The FIR alleged that Bharat assaulted an informant’s relative causing a head fracture, while Dhirendra allegedly assaulted the informant’s brother causing grievous injury. The petitioners claimed innocence, citing a case‑and‑counter‑case scenario, a delay between the alleged incident (03‑10‑2025) and FIR filing (09‑10‑2025), and a clean criminal record. The State opposed bail, emphasizing the seriousness of the injuries, especially the grievous injury attributed to Dhirendra. The Court, after considering the facts and submissions, granted bail to Bharat Das upon furnishing a bond of Rs.30,000 and compliance with conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023, but refused anticipatory bail to Dhirendra Das.
Issues considered
- Whether bail should be granted to Bharat Das under the circumstances of the case.
- Whether anticipatory bail should be granted to Dhirendra Das despite allegations of grievous injury.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- anticipatory bail
- criminal procedure
- assault
- injury
- case and counter-case
- clean antecedent
- Section 2(1)(d) BNSS 2023
- Section 482(2) BNSS 2023
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11209 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- Bathnaha District- Araria
======================================================
1. Bharat Das @ Bharat Tatma S/o- Late Jhameli Das R/v- Jimrahi, W.No-2,
Ps- Bathnaha Dist- Araria
2. Dhirendra Das @ Dhrendra Kumar Das S/o- Bharat Das R/v- Jimrahi,
W.No-2, Ps- Bathnaha Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Adv.
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
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 arrest in a case
registered for the offences punishable in connection with
Bathnaha P.S. Case No.99 of 2025 under Sections 115(2),
126(2), 118(1), 117(2), 303(2), 76, 352, 351(2) and 3(5) of the
BNS.
3. As per the prosecution, the FIR has been lodged
against 9 named accused persons including the petitioners with
allegation that petitioner No.1 has assaulted the informant’s
Samdhi, due to which fracture took place on his head and there
is specific allegation against petitioner No.2 of assault to the
Patna High Court CR. MISC. No.11209 of 2026(2) dt.12-03-2026
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informant’s brother due to which injury has been caused.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that there is case and counter-case for the same date and
place of occurrence. He further submits that from the FIR, it
becomes crystal clear that the date of occurrence is 03.10.2025
whereas FIR has been lodged on 09.10.2025. He further submits
that both are resident of same village and due to old enmity, the
present case has been lodged.
5. Counsel further submits that the petitioners are
ready to fulfill all the conditions whatsoever shall be imposed
upon them. He further submits that injury report is also on
record in which injuries are simple in nature.
6. Counsel submits that the criminal antecedent of the
petitioners is clean.
7. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that there is case and counter-
case from both sides. It is also true that injury caused by
petitioner No.1 is simple in nature, but petitioner No.2 has
caused grievous injury.
8. In the present facts and circumstances of this case
and the submissions made above, let the petitioner No.1
Patna High Court CR. MISC. No.11209 of 2026(2) dt.12-03-2026
3/3
namely, Bharat Das, be granted bail, in the event of arrest or
surrender before the Trial Court within a period of 4 weeks from
today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) each as mentioned in Section 2(1)(d) of the BNSS,
2023 to the satisfaction of C.J.M., Araria in connection with
Bathnaha P.S. Case No.99 of 2025, subject to the conditions as
laid down U/s 482(2) of the BNSS, 2023.
9. So far as the petitioner No.2, namely, Dhirendra
Das, is concerned, this Court is not inclined to grant anticipatory
bail to the petitioner No.2, therefore the bail application of the
petitioner No.2 is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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