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Patna High Court

Dharmendra Prasad @ Dhramvir Prasad @ TanikanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.2283 of 2026(2) dt.21-01-2026
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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
           Patna High Court CR. MISC. No.2283 of 2026(2) dt.21-01-2026
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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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