Patna High Court
Dharmendra Sah @ Dharo SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Dharmendra Sah, was arrested in connection with a case registered under several sections of the B.N.S., 2023, alleging that he forced the brother of an informant to marry his sister and threatened him. The petitioner contended that he was falsely implicated, that the only allegation against him was a suggestion to marry, and that he had no criminal antecedent, having been in judicial custody since 27-11-2025. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the Court considered the facts, the lack of direct evidence linking the petitioner to the alleged threats, and his clean record. Consequently, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the B.N.S., 2023
- Whether the allegations against the petitioner constitute a cognizable offence warranting denial of bail
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 127(2), 140(3), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- false implication
- B.N.S. 2023
- High Court
- Bihar
- sections 127, 140, 352, 351, 115, 126, 303, 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12380 of 2026
Arising Out of PS. Case No.-524 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Dharmendra Sah @ Dharo Sah Son of Bishundeo Sah Resident of Village -
Shiv Nagar, Bahadur Nagar, Bind Toli, Kutlupur Diyara, P.S. - Muffasil
Munger, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ballia P.S. Case No. 524 of 2025 registered for the offence
punishable under Sections 127(2), 140(3), 352, 351(2), 115(2),
126(2), 303(2), 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
brother of the informant namely, Ankit Kumar was boarded on a
vehicle and was forced to marry the sister of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear
Patna High Court CR. MISC. No.12380 of 2026(3) dt.24-03-2026
2/2
that only allegation against the petitioner is that he has said the
brother of the informant to marry his sister. He further submits
that the allegation of threatening and boarding the brother of
informant in a vehicle is not against the petitioner. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 27.11.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai in connection with Ballia P.S.
Case No. 524 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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