Patna High Court
ABHISHEK KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the superficial nature of the injuries, the land‑dispute background and the petitioners’ clean antecedent, the petitioners are entitled to bail.
Summary
The petitioners, Abhishek Kumar and Dharmendra Yadav, applied for bail in a case arising from a land‑dispute‑related alleged assault (Turkauliya P.S. Case No. 26 of 2026). The prosecution alleged that the petitioners assaulted an informant and his brother with a blunt instrument, causing head injuries, and charged them under several sections of the B.N.S., 2023. The petitioners contended that the FIR was lodged after an unexplained delay, the injuries were superficial as per the medical report, and the case was a false implication stemming from the land dispute; they also highlighted their clean antecedent and the anticipatory bail already granted to a co‑accused. The State and the opposite party opposed bail, arguing that specific allegations of assault existed, though they admitted the injuries were simple. Considering the lack of serious injury, the background of a land dispute, the possibility of false implication, and the petitioners’ clean record, the court granted bail subject to conditions under Section 482(2) of the B.N.S.S. and required sureties and personal appearance. The order released the petitioners on bail with a bond of Rs 10,000 each and two sureties, with one surety to be a close relative.
Issues considered
- Whether the petitioners are entitled to bail despite the charges of assault under the B.N.S., 2023?
- Whether the nature and extent of the alleged injuries justify denial of bail?
- Whether the background of a land dispute and alleged false implication affect the bail decision?
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- bail
- anticipatory bail
- false implication
- land dispute
- criminal procedure
- injury report
- clean antecedent
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28965 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- TURKAULIYA District- East Champaran
======================================================
1. Abhishek Kumar Son of Dharmendra Yadav @ Dhamedra Rai @
Dharmendra Rai @ Dhamerd Rai R/o village - Chilrao, P.S.- Turkauliya,
District - East Champaran
2. Dharmendra Yadav @ Dhamedra Rai @ Dharmendra Rai @ Dhamerd Rai
Son of Late Dhrup Rai @ Dhurup Rai @ Late Dhurap Rai R/o village -
Chilrao, P.S.- Turkauliya, District - East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Nafisuz Zoha, Advocate
Mr. Kundan Singh, Advocate
For the State : Ms. Renu Kumari, APP
For the O.P. No. 2 : Mr. Munna Kr. Upadhayay, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the opposite party
no. 2.
2. In the present case, the petitioners are
apprehending their arrest in connection with Turkauliya P.S.
Case No. 26 of 2026, dated 14.01.2026, registered for the
offences punishable under Sections 126(2), 115(2), 127(2), 109,
303(2), 118(1), 352 and 351(2) read with Section 3(5) of the
B.N.S., 2023.
3. As per prosecution case, in the background of
land dispute petitioners assaulted the informant and his brother
with farsa causing fracture of their heads.
Patna High Court CR. MISC. No.28965 of 2026(2) dt.05-05-2026
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4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. The FIR has been lodged after a delay of two days
wihtout any plausible explanation. It is also apparent from the
FIR that there is land dispute between the parties. There is case
and counter case between the parties and the co-accused Dhiren
Kumar has also lodged Turkauliya P.S. Case No. 25 of 2026
registered under Sections 126(2), 115(2), 118(1), 109, 303(2),
351(2) and 352 read with Section 3(5) of the B.N.S., 2023,
against the informant and his family members and in order to
counter blast the case of the co-accused, this false case has been
lodged by the informant. The falsity of the allegation is also
apparent from the injury sustained by the informant and his
brother. Though there is allegation of causing fracture, but the
injury report of the the informant shows only lacerated wound
of size 2.5 cm x ¼ cm x ¼ cm on the parietal region of head,
similarly, injury report of the brother of the informant shows
abrasions of size 1 cm x ¼ cm on left parietal region of head
and ½ cm x ¼ on left lower limb. The injuries are stated to be
simple in nature. Learned counsel further submits that from the
dimensions of injuries and its nature it is apparent that injuries
are superficial and simple and no farsa has been used in the
Patna High Court CR. MISC. No.28965 of 2026(2) dt.05-05-2026
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assault. On the other hand, from the petitioners’ side, one Lalita
Devi has received serious injury on her vital part. A co-accused,
namely Dhirendra Yadav has been granted the privilege of
anticipatory bail by a learned co-ordinate Bench of this Court
vide order dated 29.04.2026 passed in Cr. Misc. No. 27289 of
2026. Learned counsel lastly submits that the petitioners are
having clean antecedent.
5. Learned APP as well as learned counsel for the
opposite party no. 2 oppose the submissions made on behalf of
the petitioners. Learned counsel for the opposite party no. 2
submits that there is specific allegation against the petitioners
that they have assaulted the informant and his brother on their
heads causing injuries to them, however he concedes that the
injuries are cause by hard and blunt object and are stated to be
simple in nature as stated in the rejection order.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injuries attributed to the petitioners and also
considering the counter version of the petitioners and the
background of land dispute and possibility of false implication
and further considering petitioners’ clean antecedent and grant
of privilege of anticipatory bail to a co-accused, let the
Patna High Court CR. MISC. No.28965 of 2026(2) dt.05-05-2026
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petitioners, above-named, in the event of their arrest or
surrender before the Court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, East Champaran, Motihari, in
connection with Turkauliya P.S. Case No. 26 of 2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners 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)
Shahnawaz/-
U T
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