Patna High Court
Bhola RanaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court denied regular bail to the petitioners.
Summary
Bhola Rana and Sandip Rana were arrested for allegedly assaulting the brother of an informant with sharp weapons, causing grievous injuries, under several provisions of the Bharatiya Nyaya Sanhita, 2023. The petitioners claim they were falsely implicated due to a land dispute and seek regular bail. The State contends that the FIR, medical report, and witness testimony establish a strong case of violent assault. The court examined the seriousness of the offences, the nature of the injuries, and the presence of a blood‑stained weapon recovered at the scene. Finding the evidence sufficient and noting the petitioners' prior criminal antecedents, the court refused to grant bail. The petitioners were directed to re‑apply for bail before the trial court after completing eight months in custody.
Issues considered
- Whether the petitioners are entitled to regular bail despite the seriousness of the alleged assault and the evidence against them.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 126(2), 3(5), 352
Subjects
- bail
- assault
- grievous hurt
- sharp weapon
- criminal antecedents
- land dispute
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35087 of 2026
Arising Out of PS. Case No.-121 Year-2024 Thana- CHAKAI District- Jamui
======================================================
1. Bhola Rana, Male, aged about 46 years, Son of Dhani Rana, Resident of
Village- Bhahea, P.S.- Chandramandih, District- Jamui
2. Sandip Rana, Male, aged about 30 years, Son of Bhola Rana, Resident of
Village- Bhahea, P.S.- Chandramandih, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioners as well as
learned APP for the State through virtual modes.
2. The petitioners are in custody in a case registered
for the offence punishable under Sections 126(2), 115, 109, 352,
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegation against the petitioners and other co-
accused persons is to have assaulted by sharp weapons on the
head and face of the brother of the informant with an intention
to kill him, as a result of which, he sustained several injuries and
thereafter, all the accused persons fled away from the place of
occurrence.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.35087 of 2026(2) dt.21-05-2026
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petitioners have falsely been implicated in this case due to land
dispute. He next submits that there is no reason as assigned by
the informant as to why the petitioners assaulted them.
Petitioners have got three criminal antecedents as stated in the
paragraph 3 of the petition and they are in custody since
04.11.2025.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioners and submits that there is direct allegation
for assaulting upon the brother of the informant, due to which,
he has suffered several injuries on the part of the bodies .
6. On perusal of the FIR and impugned order dated
28.04.2026, it appears that the petitioners along with other
accused persons stopped the motorcycle of younger brother of
informant and dragged him. The accused persons were armed
with sharp weapon and they started assaulting upon the head
and face of his younger brother of the informant, namely,
Prakash Sah and caused severe injuries. Injury report of injured
Prakash Sah reflects that he has sustained four lacerated wound
including at skull and during course of treatment the doctor has
stated in the C.T. Scan Maxillofacial multiple fractures and
fracture of base first MCP was found and finally the nature of
injury is opined as grievous and from the place of occurrence,
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one blood stained sharp weapon (Fasuli) was recovered and
several witnesses have supported the case of the prosecution,
considering which, I am not inclined to grant regular bail to the
petitioners.
7. Accordingly, the prayer for regular bail of the
petitioners is hereby rejected.
8. However, petitioners is directed to renew their
prayer for bail before the trial Court after completion of eight
months of the custody.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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