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Patna High Court

Dharmendra Sah @ Dharo SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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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