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Patna High Court

Dipangat @ Divangat SarmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the BNSS.

Summary

The petitioner, Dipangat Sarma, was implicated in a criminal case (Kako P.S. Case No. 97 of 2025) alleging assault, threats and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and co‑accused entered the informant's house, assaulted her and her husband, and threatened the family. The petitioner contended that he was falsely implicated, citing a background dispute over fish and a counter‑case (Case No. 98 of 2025) filed by his father against the informant's husband, asserting that injuries on both sides were minor. The court, considering the non‑serious nature of the injuries, the possibility of false accusation, and the surrounding dispute, decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, a close relative as one bailor, and the petitioner’s presence at all court dates, under Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the circumstances indicate a false accusation warranting bail.

Legislation cited

Subjects

  • bail
  • false accusation
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • non‑serious injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28873 of 2026
                        Arising Out of PS. Case No.-97 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 Dipangat @ Divangat Sarma S/o- Janak Singh R/v- Hazi Sarai Ps- Kako Dist-
                 Jehanabad

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner is apprehending

                   his arrest in connection with Kako P.S. Case No. 97 of 2025

                   registered for the alleged offence under Sections 126(2), 115(2),

                   303, 75, 308(3), 352, 351(2) r/w 3(5) of Bharatiya Nyaya

                   Sanhita, 2023.

                                03. As per prosecution case, petitioner and other co-

                   accused persons entered into the house of the informant and

                   hurling abuses assaulted her. When the handicapped husband of

                   the informant tried to save her, he was also assaulted. The

                   informant further alleged that the petitioner used to threaten her

                   and her family members.

                                04. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28873 of 2026(2) dt.05-05-2026
                                            2/3




          petitioner is innocent and has been falsely implicated in this

          case. There is counter version and Kako P.S. Case No. 98 of

          2025 has been lodged by the father of the petitioner against the

          husband of the informant and some other persons who assaulted

          the parents of the petitioner. Learned counsel further submits

          that the parties are co-villagers and some dispute arose over

          throwing pieces of fish in the house of the informant and the

          husband of the informant suspected the family members of the

          petitioner for doing this. Learned counsel further submits that in

          this background, some altercation and scuffle took place and

          both sides received injuries which are simple in nature. Learned

          counsel further submits that the petitioner is having antecedent

          of two cases.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          background of dispute and non-serious nature of injuries and

          further considering the possibility of false accusation, 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 bond of Rs.
           Patna High Court CR. MISC. No.28873 of 2026(2) dt.05-05-2026
                                                       3/3




                     10,000/- (Rupees Ten Thousand Only) with two sureties of the

                     like amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Jehanabad/court concerned in connection with Kako

                     P.S. Case No. 97 of 2025, subject to the condition laid down

                     under Section 482(2) of BNSS 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)
Ashish/-

U      T


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