Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioners are to be released on bail subject to the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, four residents of Siswa Kodar village, sought relief from imminent arrest in a criminal case (Paharpur PS Case No. 377 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted an informant and his family over a land dispute, causing injuries. The petitioners contended they were falsely implicated, were not present at the scene, the FIR was lodged after an eight‑day delay, and the injuries were minor. The court, noting the simple nature of the injuries and the possibility of false accusation arising from the land dispute, ordered that the petitioners be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties and complying with conditions under Section 482(2) of the BNSS. The bail order also required the petitioners to appear before the trial court as required.
Issues considered
- Whether the petitioners should be arrested in connection with the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether bail should be granted considering the nature of injuries, delay in filing the FIR, and alleged false implication.
- Whether the delay in lodging the FIR affects the propriety of proceeding against the petitioners.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 352 r/w 3(5), 482(2), 74
Subjects
- bail
- false accusation
- land dispute
- simple injuries
- Bharatiya Nyaya Sanhita
- Section 482
- FIR delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16415 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
1. Dilip Kumar S/o Kashilal Singh R/o Village - Siswa Kodar, P.S - Paharpur,
District - East Champaran
2. Kashilal Singh S/o Shankar Singh R/o Village - Siswa Kodar, P.S - Paharpur,
District - East Champaran
3. Pradip Kumar S/o Kashilal Singh R/o Village - Siswa Kodar, P.S - Paharpur,
District - East Champaran
4. Shankar Singh S/o Late Kanchan Singh R/o Village - Siswa Kodar, P.S -
Paharpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore@ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are
apprehending their arrest in connection with Paharpur P.S. Case
No. 377 of 2025 registered for the alleged offence under
Sections 126(2), 115(2), 118(1), 109(1), 74, 303(2) and 352 r/w
3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons assaulted the informant and his family
members causing a number of injuries to them. The occurrence
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took place when the petitioners objected to the informant
putting a ridge in his land claiming it to be their land.
04. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. The petitioners and the informant are agnates and due to
admitted land dispute, the petitioners have been falsely
implicated in this case. The allegations are general and omnibus
against all the accused persons except petitioner Nos. 1 and 3.
However, the injuries received by the victims are simple in
nature. The FIR has been lodged after delay of 08 days without
any explanation and its shows deliberation and afterthought on
part of the informant. Learned counsel further submits that the
petitioners were not even present at the place of occurrence as
alleged, still they have been made accused in the present case.
The petitioners are having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
simple nature of injuries of the victims and also considering the
background of land dispute and possibility of false accusation,
let the petitioners above named, in the event of their arrest or
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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, East Champaran, Motihari/court
concerned in connection with Paharpur P.S. Case No. 377 of
2025, subject to the condition laid down under Section 482(2) of
BNSS and other following conditions:
(i) One of the bailors will be a close 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)
Ashish/-
U
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