Patna High Court
Dinesh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with conditions under Section 482(2) of the Code of Criminal Procedure.
Summary
The petitioner, Dinesh Das, was accused in a FIR for assaulting an informant's family and demanding money, with allegations of causing a head injury to the informant's son. He claimed a clean antecedent and that the incident stemmed from a land dispute, arguing the injury was simple and the case involved counter‑claims. The prosecution opposed bail, but the court considered the petitioner’s clean record and the nature of the injury. The court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC, including cooperation with the trial and no tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent by the lower court.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the petitioner’s clean antecedent and the simple nature of the injury justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2)(3), 352, 76
Subjects
- bail
- assault
- criminal antecedent
- simple injury
- land dispute
- Section 482 CrPC
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4289 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- Baijnathpur District- Saharsa
======================================================
Dinesh Das S/O Makum Das R/O Village- Barahi, Ward No. 14, P.S.-
Baijnathpur, District- Saharsa, BIHAR.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Madhav Jha, learned counsel for the
petitioner and Mr. Bishweshwar Ram, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Baijnathpur P.S. Case No. 67 of 2025, F.I.R.
dated 01.06.2025 for the offences punishable under Sections
115(2), 126(2), 109, 76, 303(2), 352, 351(2)(3), 3(5) of the
BNS.
3. According to prosecution case, on 24.05.2025, all
the accused persons including the petitioner armed with lathi
and rod assaulted the informant and her family members and
demanded Rs. 2 lacs. Allegation against the petitioners is that he
gave iron rod blow causing head injury to the son of the
informant.
Patna High Court CR. MISC. No.4289 of 2026(2) dt.06-02-2026
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4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it appears
from the F.I.R., that due to some land dispute the present
occurrence took place. Although, there is specific allegation
against the petitioner that he assaulted son of the informant but
the doctor has opined that the son of the informant has received
injury which is simple in nature caused by hard and blunt
substance and there is case and counter case between the parties.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner has clean antecedent and the
injury caused by the petitioner is simple in nature, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, 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 the learned J.M., 1st
Class, Saharsa, in connection with Baijnathpur P.S. Case No. 67
of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.4289 of 2026(2) dt.06-02-2026
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482(2) of the Code of Criminal Procedure and with other
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 absence on two consecutive dates without sufficient
reason, his 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
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)
khushbu/-
U
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