Patna High Court
Dhirendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted because the injuries were non‑serious, the dispute was private, and the circumstances did not justify continued detention.
Summary
The petitioners, three brothers, sought bail fearing arrest in connection with a criminal case (Fatehpur PS Case No. 729 of 2025) that alleged they assaulted an informant and his wife and stole personal items. The prosecution alleged that the petitioners chased the informant, assaulted him with a lathi, iron rod and fists, and also assaulted his wife, causing injuries. The petitioners contended that they were falsely implicated, that a counter‑complaint (Case No. 739 of 2025) existed showing they were themselves assaulted, and that the injuries to the informant and his wife were minor and arose from a private dispute over sewerage water. The court examined the nature and seriousness of the injuries, the existence of a private dispute, and the petitioners’ antecedents, concluding that the matter did not warrant denial of bail. Accordingly, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences and the nature of injuries.
- Whether the existence of a private dispute and the minor nature of injuries justify the release of the accused on bail.
Legislation cited
- B.N.S.S. — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- bail
- criminal procedure
- assault
- private dispute
- minor injuries
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14632 of 2026
Arising Out of PS. Case No.-729 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
1. Dhirendra Kumar S/o- Late Suresh Yadav R/v- Sidariya Donaiya PS-
Fatehpur Dist- Gayaji
2. Jitendra Kumar S/o- Late Suresh Yadav R/v- Sidariya Donaiya PS- Fatehpur
Dist- Gayaji
3. Gayni Yadav @ Gyani Yadav S/o- Late Sohar Yadav R/v- Sidariya Donaiya
PS- Fatehpur Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Onkar Nath, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Fatehpur P.S. Case
No. 729 of 2025 registered for the offences under Sections
126(2), 115(2), 117(2), 109, 76, 303(2), 352, 351(2) & 3(5) of
B.N.S.
3. As per prosecution case, the petitioners and
other co-accused persons had been making comment over the
informant and his family members and when the informant
forbade from doing so, they chased the informant to his house
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and assaulted the wife of the informant with lathi. They also
snatched nose-pin and jitia from the wife of the informant.
When the informant intervened, he was also assaulted with iron
rod, lathi and fists and slaps as well causing a number of
injuries.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. There is case and counter version for the occurrence of
same day. Fatehpur P.S. Case No. 739 of 2025 has been lodged
by one Bijli Devi, the wife of co-accused Lakhan Yadav as the
petitioners' side were assaulted by the informant's side causing a
number of injuries. Learned counsel further submits that the
injury reports of the informant and his wife show simple and
superficial injury which are abrasion, bodyache, swelling and
tenderness on the wife of the informant whereas the informant
received lacerated wound over parietal region of head of size
3"x 0.75 and 3"x 0.75 apart from abrasion over parietal region
of head and swelling over right hand. Subsequently, fracture was
found on the right hand of the informant. Learned counsel
further submits that the scuffle took place over drainage of
sewerage water and both sides sustained injury in course of
scuffle. There is general and omnibus allegation of assault
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against all the accused persons. The petitioners and informant
are agnates. Learned counsel further submits that petitioner no.
1 is having antecedent of two cases whereas petitioner no. 3 is
having antecedent of one case and they are on bail in these cases
and petitioner no. 2 is having clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter version of the parties and also considering the
non-serious nature of injury received by the informant and his
wife and further considering the nature of dispute between the
parties, let the petitioners above named, in the event of their
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Gaya/concerned court in
connection with Fatehpur P.S. Case No. 729 of 2025, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
and other following conditions :
(i) One of the bailors will be a close
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relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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