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Patna High Court

Dheeraj Singh @ Dheeraj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                          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
                                                           3/3




                         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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