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Patna High Court

Ramdular Patel @ Ramdulare PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and sureties.

Summary

Petitioner Ramdular Patel sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for allegedly assaulting an informant with a lathi, causing a simple injury. The FIR alleged offences under sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS. The petitioner asserted a clean antecedent and the injury was deemed minor. The State opposed the bail application. The Court, considering the nature of the injury, the petitioner's clean record and other circumstances, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS
  • Whether the nature of the injury and the petitioner's clean antecedent justify the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • clean antecedent
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3358 of 2026
                  Arising Out of PS. Case No.-320 Year-2025 Thana- DHANAHA District- West Champaran
                 ======================================================
                 Ramdular Patel @ Ramdulare Patel S/o Jhapas Patel R/o Village -
                 Khotahawa, Police Station - Dhanaha, District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kr Singh No. 1, Advocate
                 For the Opposite Party/s :      Mr. Satyendra Prasad , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),

                   109, 303 ( 2 ), 352, 351 ( 2 ) and 3 (5) of BNS.

                                 3 . As per F.I.R, this petitioner assaulted informant by

                   means of lathi due to which he sustained injury . Doctor has

                   found the injury simple in nature . Petitioner claims clean

                   antecedent.

                                 4. Learned counsel for the State opposed the bail

                   petition .

                                 5 . Considering the aforesaid facts, nature of injury ,

                   clean antecedent of the petitioner and other circumstances of

                   the case , in the event of arrest or surrender within eight weeks
            Patna High Court CR. MISC. No.3358 of 2026(2) dt.02-02-2026
                                                        2/2




                      from today, let the petitioner, as named above, be enlarged on

                      bail on furnishing bail bond of Rs.10,000/-(ten thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Judicial Magistrate 1st Class, Bagaha West Champaran

                      in connection with Dhanaha P.S. Case No. 320 of 2025 ,

                      subject to the conditions laid down under section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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