Patna High Court
Dilip UrawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Dilip Uraw, was arrested in connection with a police case (No. 78 of 2025) for alleged assault and charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, asserting innocence, a clean antecedent, and pointing to a co‑accused who had been granted bail in a similar case. The State opposed the bail application. The Court considered the length of custody, the absence of specific allegations against the petitioner, and the precedent of bail to the co‑accused, and consequently allowed the bail application. The petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties and to comply with conditions of monthly police‑station attendance and regular trial participation. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 given the nature of the charges and the circumstances of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 121(2), 126(2), 127(2), 223, 303(2), 3(5)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25085 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- Amdanda District- Bhagalpur
======================================================
Dilip Uraw S/o Late Jagarnath Oran Resident of Village- Dhangar Sahi Kajha
(Kama), P.S.- Amdanda, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr. Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Amdanda P.S. Case No. 78 of 2025 registered for the offence
under Section(s) 126(2), 127(2), 115(2), 117(2), 109, 121(2),
223, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 23.12.2025 and claims clean
antecedent. It is further submitted that there are general and
omnibus allegations against the petitioner. It is also submitted
that similarly situated co-accused person has been granted
Patna High Court CR. MISC. No.25085 of 2026(2) dt.16-04-2026
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regular bail by a co-ordinate Bench of this Court on 04.02.2026
in Cr. Misc. No. 7150 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and there being no specific allegation
against the petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Amdanda P.S. Case
No. 78 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Amdanda Police Station on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
Patna High Court CR. MISC. No.25085 of 2026(2) dt.16-04-2026
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that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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