Patna High Court
HARISHANKAR DUBEY @ BHOLA DUBEYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to a cash bond and conditions under Section 482(2) of the B.N.S.S.
Summary
Harishankar Dubey was arrested in connection with a case alleging assault and several other offences under the Bihar Negotiable Substances Act (B.N.S.). The prosecution claimed he struck an informant on the neck, causing a superficial injury to the informant's hand. The petitioner argued he was falsely implicated, highlighted the minor nature of the injury, his clean criminal record, and the three‑day delay in filing the case. The court considered these factors, noting the injury was superficial and the possibility of false implication. Consequently, the court ordered that the petitioner be released on bail with a cash bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged offences and the minor injury sustained by the informant
- Whether the delay in filing the complaint and the petitioner's clean antecedent warrant bail
Subjects
- bail
- assault
- minor injury
- false implication
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21341 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- SHIVSAGAR District- Rohtas
======================================================
Harishankar Dubey @ Bhola Dubey Son of Late Ayodhya Dubey Resident of
Village - Mohaniya, P.S.- Shivsagar, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Harendra Nath Ojha, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Shivsagar P.S. Case
No. 32 of 2026 registered for the offences under Sections
126(2), 115(2), 118(1), 352, 351(2), 109 & 3(5) of B.N.S.
3. As per prosecution case, the petitioner gave a
Hasua blow to the informant on his neck but the informant tried
to save himself by putting his left hand on the neck and received
injury on his palm. The occurrence took place in the background
of the fact that the petitioner earlier used to make commotion
under the influence of alcohol and the informant warned that he
would be reported to the police.
Patna High Court CR. MISC. No.21341 of 2026(2) dt.10-04-2026
2/3
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. All the offences are bailable except Sections 118(1) and
109 of BNS. But the injury report falsifies the allegation of any
life threatening injury being inflicted by the petitioner. The
injury report shows stitched wound on left hand of size 12mm X
1 1/2 cm on dorsum and ventral region which shows the injury
is quite superficial. Learned counsel further submits that the
present case has been instituted after delay of three days without
any satisfactory explanation and this shows falsity of allegation.
Learned counsel further submits that the petitioner and
informant are agnates and are also neighbour. The petitioner is
having clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
minor and superficial nature of injury and also considering the
clean antecedent of the petitioner and possibility of false
implication, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
Patna High Court CR. MISC. No.21341 of 2026(2) dt.10-04-2026
3/3
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Rohtas at Sasaram/concerned court in
connection with Shivsagar P.S. Case No. 32 of 2026, 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
relative of the petitioner.
(ii) The petitioner 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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