Patna High Court
Dipangat @ Divangat SarmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303, 308(3), 351(2) r/w 3(5), 352, 482(2), 75
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
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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.
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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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