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Patna High Court

Dinesh DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to pre‑arrest bail as they have made out a prima facie case.

Summary

The petitioners, Dinesh Das and his wife Dukhani Devi, applied for pre‑arrest bail in a case (Ghoshi P.S. Case No. 391 of 2024) involving multiple offences under the Bihar Negotiable Security Act, including assault and grievous injury. The FIR alleged that they, along with others, intended to kill and assaulted the informant’s family, causing injuries, while the defence claimed they were falsely implicated and the allegations against the wife were merely general and omnibus. The State opposed the bail, but the court noted that the injury to Lalti Devi, though grievous, was not on a vital part of the body and the allegations against the wife were vague. Finding a prima facie case for bail, the court ordered the petitioners to be released on pre‑arrest bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) BNS, and directed verification of any other criminal antecedents. The bail application was subsequently disposed of.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail under Section 438 Cr.P.C. and Section 482 BNS in view of the nature of the alleged offences and the injury caused.
  • Whether the allegations against the wife constitute a general and omnibus charge that precludes bail.
  • Whether a prima facie case for bail exists despite the grievous injury alleged in the FIR.

Legislation cited

Subjects

  • pre‑arrest bail
  • grievous injury
  • general and omnibus allegation
  • Section 438 Cr.P.C.
  • Section 482 BNS
  • Bihar Negotiable Security Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14211 of 2026
                       Arising Out of PS. Case No.-391 Year-2024 Thana- GHOSI District- Jehanabad
                 ======================================================
           1.     Dinesh Das Son of Rajendra Das Resident of Village - Belai, P.S.- Ghoshi,
                  District - Jehanabad
           2.    Dukhani Devi Wife of Dinesh Das Resident of Village - Belai, P.S.- Ghoshi,
                 District - Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP.
                 For the Informant        :       Mr. Dhananjay Kumar, Advocate.
                                                  Mr. Chunnu Kumar, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   13-05-2026                      Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Ghoshi P.S. Case No. 391 of 2024 registered for the

                   offence punishable under Sections 329(4), 126(2), 115(2),

                   303(2), 117(2), 109, 352 and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., the

                   petitioners along with other accused persons with an intention to

                   kill assaulted the informant and his family members causing

                   injuries.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioners are innocent and they
Patna High Court CR. MISC. No.14211 of 2026(4) dt.13-05-2026
                                            2/3




          have falsely been implicated in the case. There is case and

          counter case between the parties. Both the parties entered into

          fierce fight for not compromising a matter. The injury

          attributable to the petitioner no.1 which was sustained by Lalti

          Devi is grievous in nature, but not on the vital part of the body.

          Petitioner no.2 is the wife of petitioner no.1. General and

          omnibus allegation has been alleged against her that she had

          snatched a golden jitiya from the neck of Lalti Devi. On these

          grounds, learned counsel submitted that the petitioners deserve

          to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioners.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R. and the fact that the injury attributable to the petitioner

          no.1 which was sustained by Lalti Devi is grievous in nature,

          but not on the vital part of the body and the petitioner no.2 is the

          wife of petitioner no.1 and the allegation alleged against her that

          she had snatched a golden jitiya from the neck of Lalti Devi is

          general and omnibus. I find that the petitioners have prima facie,

          made out a case to be released on pre-arrest bail.

                       7. The petitioners, above named, are directed to be
           Patna High Court CR. MISC. No.14211 of 2026(4) dt.13-05-2026
                                                       3/3




                     released on pre-arrest bail, in the event of their arrest or

                     surrender before the Court below within a period of four weeks

                     from today, on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned CJM, Jehanabad in connection with

                     Ghoshi P.S. Case No. 391 of 2024, subject to the condition as

                     laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

                                  8. The District Court is directed to verify the criminal

                     antecedent of the petitioners and if it is found that the petitioners

                     are involved in some other cases as what has been stated in

                     Para-3 of the bail petition, this order will automatically lose its

                     force.

                                  9. The bail application stands disposed of.



                                                          (Purnendu Singh, J)
mantreshwar/-

U      T


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