Patna High Court
Dharmraj @ Bhola @ Dharmraj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 @
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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.
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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.
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9. The anticipatory bail application of the petitioners
is rejected.
(Satyavrat Verma, J)
amit/-
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