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Patna High Court

Dharmraj @ Bhola @ Dharmraj SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail could not be granted as the allegations involved serious offences, the use of a dangerous weapon and grievous injury, and the investigation was ongoing.

Summary

The petitioners, five residents of Ben Sagar village, applied for anticipatory bail fearing arrest in connection with FIR No.511 of 2025 alleging offences under Sections 126(2), 115(2), 74, 109, 351(2), 352 and 3(5) of the B.N.S., 2023. They claimed to have clean antecedents and argued that the informant had falsely implicated them due to a land dispute, noting that one petitioner had already been arrested. The State opposed bail, emphasizing the seriousness of the alleged assaults, the use of a rod and a knife (a dangerous weapon), and the grievous injury to the informant’s father. The court considered the submissions, the nature of the alleged offences and the fact that investigation was ongoing, and concluded that the criteria for anticipatory bail were not satisfied. Consequently, the court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the alleged offences
  • Whether the alleged false implication and land dispute justify granting anticipatory bail
  • Whether the seriousness of the alleged assaults, use of a dangerous weapon and grievous injury preclude anticipatory bail

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • assault
  • dangerous weapon
  • grievous injury
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12599 of 2026
                        Arising Out of PS. Case No.-511 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
           1.     Dharmraj @ Bhola @ Dharmraj Singh S/O Ram Krishna Singh R/O Village
                  - Ben Sagar, P.O.- Medanipur, P.S.- Dinara, District - Rohtas
           2.    Harishankar Kumar @ Harishankar @ Harishankar Singh S/O Ramakant
                 Singh R/O Village - Ben Sagar, P.O.- Medanipur, P.S.- Dinara, District -
                 Rohtas
           3.    Upendra Kumar @ Upendra Singh S/O Ramakant Singh R/O Village - Ben
                 Sagar, P.O.- Medanipur, P.S.- Dinara, District - Rohtas
           4.    Santosh Kumar @ Santosh Singh @ Bhulan S/O Radha Krishna Singh R/O
                 Village - Ben Sagar, P.O.- Medanipur, P.S.- Dinara, District - Rohtas
           5.    Radha Krishna Singh @ Radhe Kishun Singh S/O Ram Prasad Singh R/O
                 Village - Ben Sagar, P.O.- Medanipur, P.S.- Dinara, District - Rohtas

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shubham Kumar
                 For the Opposite Party/s :        Mr. Yogendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Dinara P.S. Case No.511 of 2025, registered for the

                   offences punishable under Sections 126(2) 115(2), 74, 109,

                   351(2), 352, 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioners at the outset

                   seeks permission to withdraw the anticipatory bail application

                   with respect to petitioner no.5, namely, Radha Krishna Singh @
Patna High Court CR. MISC. No.12599 of 2026(2) dt.23-03-2026
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          Radhe Kishun Singh, who was arrested during pendency of the

          instant anticipatory bail application.

                       4. Permission is accorded.

                       5. It is next submitted that submits that petitioners are

          persons with clean antecedent and the informant alleges that her

          mother was working in the field and her younger sister was

          alone in the house, when accused persons including the

          petitioners entered her house and started acting inappropriately

          with her sister by putting her under fear, on alarm, her mother

          came, when Dharmraj and Hari Shankar assaulted her by rod,

          causing injury on head, chest and neck, thereafter her sister

          started raising an alarm, when her brothers Pappu, Guddu and

          Prince came but accused persons assaulted them by rod and

          knife causing injury to Pappu on head and knife injury on finger,

          further Hari Shankar assaulted Guddu by rod causing injury on

          head and temple and also assaulted Prince by rod causing injury

          on back and even assaulted her father.

                       6. Learned counsel submits that petitioners have been

          falsely implicated in the instant case by the informant. It is next

          submitted that on account of dispute relating to land, the

          informant falsely implicated the petitioners in the instant case. It

          is also submitted that from side of the petitioners, Dinara P.S.
Patna High Court CR. MISC. No.12599 of 2026(2) dt.23-03-2026
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          Case No.499 of 2025 has been instituted as such the instant FIR

          is counter blast.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners and submits that informant

          specifically alleges that when her younger sister was alone in

          the house, the accused persons came and started acting

          inappropriately with her and when her mother on alarm came,

          she was assaulted. It is further submitted that when brothers of

          the informant came, they were also assaulted by the accused

          persons by rod and knife. It is further submitted that knife is a

          dangerous weapon, on which, the learned counsel appearing on

          behalf of the petitioners submits that the injury suffered by the

          injured has been opined to be simple in nature, except one injury

          of the father of the informant, which has been opined to be

          grievous, on which, the learned APP reiterates and submits that

          allegation is of assaulting the side of the informant by rod and

          knife, on account of which, the father of the informant received

          grievous injury. It is further submitted that investigation in the

          case is still continuing.

                       8. Considering the submissions made by the learned

          APP, the Court is not inclined to extend the privilege of

          anticipatory bail to the petitioners.
             Patna High Court CR. MISC. No.12599 of 2026(2) dt.23-03-2026
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                                    9. The anticipatory bail application of the petitioners

                       is rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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