Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to a bond, sureties, and conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Dhiraj Kumar, was arrested for allegedly assaulting his wife with a screwdriver and knife, causing injuries. He claimed the allegations were false, stating the injuries were superficial and resulted from a scuffle, and highlighted his clean antecedent and unemployment. The State opposed bail, emphasizing the specific allegation of assault, but conceded the injury report showed only blunt-force injuries. The court, considering the short period of custody, clean antecedent, and the nature of the injuries, ordered the petitioner released on bail with a Rs.10,000 bond and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulated terms. The bail order required the petitioner’s presence at court dates and stipulated cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted to the accused in a domestic‑violence case involving alleged assault with a screwdriver and knife.
- Whether the nature of injuries (blunt versus incised) impacts the grant of bail.
- Whether the petitioner’s clean antecedent and period of custody justify bail under the applicable provisions.
Legislation cited
Subjects
- bail
- domestic violence
- assault
- injury report
- clean antecedent
- Section 480(3)
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70459 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Dhiraj Kumar S/o Harendra Kumar Singh @ Harendra Singh, R/o Village -
Pirauna, P.S - Garkha, District - Saran (Chapra).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Mahila P.S. Case No. 61 of 2025 dated
16.07.2025, registered for the offences punishable under
Sections 85, 127(2), 109, 118(1), 351(2) and 352 of the B.N.S.,
2023.
3. As per the prosecution case, the petitioner, who
is husband of the informant, assaulted her with screwdriver and
knife causing a number of injuries to her.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case and no offence in the manner as alleged has
ever taken place. The marriage of the petitioner was solemnized
with the informant ten years back and they have two children
Patna High Court CR. MISC. No.70459 of 2025(3) dt.06-01-2026
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out of this wedlock and the allegation of demand of dowry is
completely false. As the petitioner is unemployed, he was being
taunted by the informant and some scuffle took place and
informant fell down and received the injuries. This fact is also
apparent from the injury report which only shows lacerated
wounds and abrasions of superficial size and all the injuries are
stated to be simple. Learned counsel next submits that petitioner
is having clean antecedent and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
23.07.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that there is specific allegation against the petitioner
assaulting his wife by means of screwdriver and knife. But, he
concedes that in the injury report no incised wounds have been
found and all of the injuries are caused by hard and blunt
substance and are stated to be simple.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner, his clean antecedent and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Patna High Court CR. MISC. No.70459 of 2025(3) dt.06-01-2026
3/3
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Sub-
Divisional Judicial Magistrate, Saran / concerned Court, in
connection with Mahila P.S. Case No. 61 of 2025, subject to
the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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