Patna High Court
Rameshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioners, Rameshwar Singh and Mukhtar Singh, were arrested in connection with a case alleging assault on an informant and his family under several sections of the Bharatiya Nyaya Sanhita, 2023. They claimed innocence, alleging a false implication and a counter‑complaint filed by the petitioner's wife against the informant. The petitioners had been in custody since 25 June 2025, had no prior criminal record, and a charge‑sheet had been filed. The State opposed bail, but the court considered the clean antecedent, the period of custody, the existence of a compromise application, and the nature of injuries. Accordingly, the court ordered their release on bail with a bond of Rs. 10,000 each, two sureties, and conditions under Section 480(3) of the BNSS. The bail was conditioned on presence in court and cancellation upon violation.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 considering the nature of the offences and the circumstances of the case
- Whether the existence of a compromise application and the petitioners' clean antecedent warrant bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 351(2), 352, 480(3)
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Section 480
- compromise
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67990 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- DAWATH District- Rohtas
======================================================
1. Rameshwar Singh S/O Late Singhasan Singh R/O Village- Parmeshwarpur,
P.S.- Dawath, District- Rohtas
2. Mukhtar Singh S/O Mahesh Singh R/O Village- Parmeshwarpur, P.S.-
Dawath, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Dawath P.S. Case No. 202 of 2025 registered
for the alleged offences under Sections 191(2), 126(2), 115(2),
109, 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons came to the doors of the informant and abused
and assaulted the informant and his family members with lathi,
danda, brick, stones, rami and bhala, causing a number of
injuries to their victims.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.67990 of 2025(3) dt.05-01-2026
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the petitioners are innocent and have been falsely implicated in
this case. There is a counter version and wife of petitioner no. 1
has lodged Dawath P.S. Case No. 203 of 2025 against the
informant side as informant side brutally assaulted the petitioner
no. 1 and his family members. The injury reports of the victims
do not show any serious injury, though one of the injuries of the
informant is stated to be grievous. Learned counsel fruther
submits that the matter has been compromised between the
parties and an application to this effect has been filed before the
court of learned SDJM, Rohtas. The petitioners have got no
criminal history. The petitioners are in custody since 25.06.2025
and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case of the parties and also considering the
period of custody of the petitioners and their clean antecedent
along with submission of charge-sheet, the petitioners above
named are directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Sub
Patna High Court CR. MISC. No.67990 of 2025(3) dt.05-01-2026
3/3
Divisional Judicial Magistrate, Bikramganj, District-
Rohtas/court concerned in connection with Dawath P.S. Case
No. 202 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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