Patna High Court
Dheeraj Singh @ Dheeraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioners subject to stringent conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners—Dheeraj Singh, Lalo Singh, Reshmi Devi, and Sajan Singh—were named in FIR No.45 of 2025 for alleged assault with deadly weapons, including grievous injury to Jano Singh, under several sections of the Bharatiya Nyaya Sanhita. They applied for bail, claiming innocence, false implication, and the existence of a case and counter‑case between the parties, while asserting no specific allegation of assault against them and a clean criminal record. The State opposed the bail, contending the seriousness of the offences. The Court noted that the allegations of causing grievous injury were not specifically attributed to the petitioners and that the case‑counter‑case context warranted a cautious approach. Accordingly, the Court ordered bail on the condition that the petitioners surrender within six weeks, furnish a bail bond with sureties, and comply with strict conditions regarding court appearances, non‑interference with witnesses, and refraining from further offences. The bail order was made under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the specific allegations of assault on Jano Singh can be attributed to the petitioners.
- Whether the existence of a case and counter‑case between the parties affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 191(2), 303(2), 3(5), 352, 482(2), 75(2)
Subjects
- bail
- criminal procedure
- case and counter‑case
- false implication
- grievous injury
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17659 of 2026
Arising Out of PS. Case No.-45 Year-2025 Thana- RATWARA District- Madhepura
======================================================
1. Dheeraj Singh @ Dheeraj Kumar Singh son of Chaturi Singh Resident of
village- Kapsiya (Laliya), Ward no. 4, Ps- Ratwara, Dist- Madhepura
2. Lalo singh Son of Jagdish Singh Resident of village- Kapsiya (Laliya), Ward
no. 4, Ps- Ratwara, Dist- Madhepura
3. Reshmi Devi @ Reshma Devi Wife of Gurudev Singh Resident of village-
Kapsiya (Laliya), Ward no. 4, Ps- Ratwara, Dist- Madhepura
4. Sajan Singh @ Binod Kumar Singh Son of Jagdish Singh Resident of
village- Kapsiya (Laliya), Ward no. 4, Ps- Ratwara, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Anand
For the Opposite Party/s : Mr. Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Ratwara P.S. Case No.45 of 2025, dated
02.09.2025 registered for the offence punishable under Sections
191(2), 126(2), 115(2), 75(2), 109(1), 303(2), 352, 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioners, along with other
co-accused persons, are alleged to have brutally assaulted the
informant’s side using deadly weapons.
Patna High Court CR. MISC. No.17659 of 2026(2) dt.25-03-2026
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4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
the present case. It is further submitted that, for the same
occurrence, there is a case and a counter-case between the
parties, and the allegations levelled against the petitioners are
general and omnibus in nature. It is also submitted that the
injury said to have been sustained by Jano Singh is grievous in
nature; however, no specific allegation of assault upon him has
been attributed to the petitioners. Lastly, it is submitted that the
petitioners have no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Taking into account that there is a case and
counter-case between the parties, and that the allegation of
causing grievous injury to Jano Singh is not attributed to the
petitioners, let the above-named petitioners be released on bail,
in the event of their arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
J.M. 1st Class, Uda-Kishunganj (Madhepura)/Successor Court in
connection with Ratwara P.S. Case No.45 of 2025, subject to the
Patna High Court CR. MISC. No.17659 of 2026(2) dt.25-03-2026
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conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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