Patna High Court
Dharmendra Prasad @ Dhramvir Prasad @ TanikanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Dharmendra Prasad, was arrested in connection with Noorsarai P.S. Case No. 588 of 2025 for alleged offences under Sections 126(2), 115(2), 351(2), 352, 109, 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, stemming from an incident on 08‑11‑2025 where he and an accomplice allegedly assaulted an informant with an iron rod. The petitioner contended that he was falsely implicated due to a land dispute with the informant and that the injury was simple, negating the applicability of Section 109. He also highlighted his single prior criminal antecedent and argued that the prosecution’s case was a general, omnibus allegation. The State opposed bail, emphasizing the seriousness of the charges. After considering the nature of the injury, the period of custody, and the petitioner’s background, the Court inclined to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the alleged injury and the presence of a prior criminal antecedent preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- false implication
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2283 of 2026
Arising Out of PS. Case No.-588 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Dharmendra Prasad @ Dhramvir Prasad @ Tanikan S/O Late Sukhlal Yadav
@ Sukhlal R/O Village- Kathanpura, P.S- Noorsarai, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudish Kumar, Advocate
For the Opposite Party/s : Ms.Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Noorsarai P.S. Case No. 588 of 2025, instituted for the offences
under Sections 126(2)115(2), 351(2), 352, 109, 74 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 08.11.2025,
while informant was going to his field, in the meantime,
petitioner along with Yogendra Prasad stopped him and started
abusing him. On protest, they assaulted him by means of iron
rod with intent to kill him.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
petitioner is Gotiya of the informant. There is land disputed in
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between the parties. Learned counsel for the petitioner submits
that general and omnibus allegation has been made against the
petitioner. There is case and counter case between the parties.
The nature of injury is said to be simple in nature. Hence, no
offence under Section 109 of BNS is made out. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 09.11.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the nature of injury as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Noorsarai P.S. Case
No. 588 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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