Patna High Court
Dinesh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Security Act — s. 109, 115(2), 117(2), 126(2), 303(2), 329(4), 3(5), 352
- Criminal Procedure Code — s. 438(2), 482(2)
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
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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
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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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