Patna High Court
Dewanand Ram @ Dewanand SumanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dewanand Ram, applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault leading to the death of an informant. The prosecution alleged that the petitioner, along with co‑accused, assaulted the deceased and her family using weapons, resulting in fatal injuries. The petitioner contended that the dispute was a land conflict between Gotiyas, that the allegations of assault were vague, and that he had a clean antecedent, having been in custody since 17‑10‑2025. The State opposed bail, but the court noted the petitioner’s clean record, the lack of concrete injury evidence against him, and the fact that a similarly situated co‑accused had already been granted bail. Consequently, the court allowed the bail application, directing the petitioner to be released on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 126(2), 115(2), 118(1), 117(2), 109, 103(1), 352, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and period of custody justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- assault
- homicide
- land dispute
- clean antecedent
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11633 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- AANDAR District- Siwan
======================================================
Dewanand Ram @ Dewanand Suman Son of Dilip Ram Resident of vill-
Bharauli PS- Aandar Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Aandar P. S. Case No. 72 of 2025 registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 117(2), 109,
103(1), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, this petitioner along with
other co-accused persons assaulted informant (deceased) and
her family members by means of kudal, lathi, danda after
which she got some serious injuries and during treatment, she
died.
4. Learned counsel for the petitioner submits that
both parties are gotiyas and due to land dispute between the
parties, altercation took place in which both sides sustained
Patna High Court CR. MISC. No.11633 of 2026(2) dt.11-03-2026
2/2
injuries. Case and counter case. As per F.I.R., petitioner
assaulted one Harinath Ram by means of kudal but there is no
injury report of Harinath Ram on record to support the
allegation. Allegation of assaulting the deceased is general and
omnibus. Petitioner claims clean antecedent and is in custody
since 17.10.2025. Similarly situated co-accused, namely,
Sudhakar Ram has already been granted regular bail by co-
ordinate Bench of this Court vide order dated 16.10.2025
passed in Cr. Misc. No. 52184 of 2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Siwan in connection with
Aandar P. S. Case No. 72 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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