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Patna High Court

Dharam Kumar @ Dharam Lal Mehta @ Dharam MehtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Dharam Kumar, was arrested on 9 February 2026 in connection with a case of assault on the husband of an informant, alleged to have caused grievous injuries. He sought bail, claiming false implication and noting that co‑accused had already been granted anticipatory bail or bail in related proceedings. The State opposed bail, emphasizing the seriousness of the assault and the petitioner’s prior criminal case. The Court examined the charges under multiple sections of the Bihar Penal Code, 2023, and considered the lack of intent to kill and the existence of a counter‑case. Weighing the arguments, the Court ordered the petitioner’s release on bail with a bond of Rs.10,000 and specific conditions regarding trial attendance, evidence tampering, and disclosure of criminal antecedents. The bail order was conditioned on compliance with these terms and the verification of the petitioner’s antecedents by the lower court.

Issues considered

  • Whether the petitioner is entitled to bail in a case involving assault causing grievous hurt under the Bihar Penal Code, 2023.
  • Whether the petitioner’s alleged false implication and the existence of co‑accused bail orders affect the bail decision.

Legislation cited

Subjects

  • bail
  • assault
  • grievous hurt
  • anticipatory bail
  • criminal procedure
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39662 of 2026
                         Arising Out of PS. Case No.-99 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
                 Dharam Kumar @ Dharam Lal Mehta @ Dharam Mehta S/O- Jagdish Mehta
                 @ Jagadish Mehta Resident of Village- Chnadi Kathwa, PS- Mufassil District
                 -Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Bipin Kumar, Advocate
                 For the Opposite Party/s :         Mr.Shantanu Kumar, APP
                 For the Informant        :         Mr. Harsh Vardhan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-06-2026                    Heard Mr.Bipin Kumar, learned counsel for the

                   petitioner, Mr. Harsh Vardhan, learned counsel for the

                   informant and Mr.Shantanu Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   09.02.2026 in connection with Mufassil P.S. Case No. 99 of

                   2025, F.I.R. dated 21.04.2025 registered for the offence

                   punishable under Sections 191(2), 191(3), 115(2), 126(2),

                   118(1), 109, 352, 303(2) and 351(2) of BNS, 2023.

                                3. Allegation against the petitioner is that he hits on

                   head of informant’s husband by a Kudaal by coming from

                   back side.
Patna High Court CR. MISC. No.39662 of 2026(2) dt.25-06-2026
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                       4. Learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in the present case.

          As per allegation in the FIR, the petitioner has assaulted to the

          husband of the informant and he has received the injury and

          the injury is grievous in nature.               Learned counsel for the

          petitioner submits that there is case and counter case and there

          was no intention to kill anyone and co-accused persons,

          namely, Suman Kumar & Anr. have been granted privilege of

          anticipatory bail by this Court vide order dated 12.01.2026

          passed in Cr. Misc. No.89094 of 2025 and co-accused person,

          namely, Arun Mehta has been granted bail by this Court vide

          order dated 30.01.2026 passed in Cr. Misc. No.3404 of 2026,

          the police, after investigation, submitted the chargesheet

          against the petitioner and the petitioner is in custody since

          09.02.2026.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State have vehemently opposed the prayer for

          bail of the petitioner and submits that there is direct and

          specific allegation against the petitioner that he has assaulted

          to the husband of the informant and he has received the injury

          which is grievous in nature, apart from that, the petitioner

          carries one more case other than the present one but fairly
Patna High Court CR. MISC. No.39662 of 2026(2) dt.25-06-2026
                                            3/4




          submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned C.J.M, Purnea or

          appropriate court below in connection with Mufassil P.S. Case

          No. 99 of 2025, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has concealed

          his criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
               Patna High Court CR. MISC. No.39662 of 2026(2) dt.25-06-2026
                                                           4/4




                         acceptance of bail bonds in terms of the above-mentioned

                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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