Patna High Court
Ramdular Patel @ Ramdulare PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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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