Patna High Court
Dharam Kumar @ Dharam Lal Mehta @ Dharam MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Penal Code, 2023 — s. 109, 115(2), 118(1), 126(2), 191(2), 191(3), 303(2), 351(2), 352
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
2/4
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
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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
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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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