Patna High Court
Nagendra DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioners subject to bail bonds and sureties.
Summary
The petitioners, Nagendra Das and Babloo Das, were arrested in connection with a case involving multiple assault offences under the Indian Penal Code. They alleged that they were falsely implicated and that the injuries caused were simple, not the grievous injuries mentioned in the FIR. Both had been in custody since November 2025. Their counsel argued innocence and sought regular bail, emphasizing the lack of direct involvement in the alleged grievous assault. The court, after considering the facts, ordered their release on bail of Rs.10,000 each with two sureties, subject to cooperation with the trial. The bail was granted with conditions to appear as required.
Issues considered
- Whether regular bail should be granted to the petitioners despite the serious nature of the offences alleged under the IPC.
Legislation cited
- Indian Penal Code — s. 109, 115, 117, 118, 126, 127, 190, 191, 351, 352
Subjects
- regular bail
- Indian Penal Code
- assault
- sword attack
- simple injury
- grievous injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7254 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- JALE District- Darbhanga
======================================================
1. Nagendra Das Son of Late Tetar Das Resident of Village- Bhatpokhra, P.S.-
Jalley, Dist- Darbhanga
2. Babloo Das son of Nagendra Das Resident of Village- Bhatpokhra, P.S.-
Jalley, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners as well as
learned APP for the State.
2. In this case, the petitioners are seeking regular
bail in connection with Jalley P.S. Case No. 219 of 2025,
registered for the offences punishable under Sections 191(2),
190(2), 126(2), 127(2), 115(2), 118(1), 117(2), 109(1), 352,
351(2) of BNS.
3. As per allegation, co-accused Ashok Das
assaulted Jai Kishore Das with a sword on his head. Petitioner
no. 1 is alleged to have assaulted Ajay Das, while petitioner no.2
assaulted Govind Das with farsa on his head.
4. The learned counsel for the petitioners has
Patna High Court CR. MISC. No.7254 of 2026(2) dt.17-02-2026
2/2
submitted that the petitioners are innocent and have falsely been
implicated in this case. The injured Ajay Das and Govind Das
suffered simple injury. There is case and counter case. It has
been mentioned in the FIR that Jai Kishore Das had sustained
grievous injury, but the petitioners are not the assailant of Jai
Kishore Das. Petitioner no. 1 is under custody since 19.11.2025
and petitioner no. 2 is under custody since 15.11.2025.
5. Considering the above-mentioned facts and
circumstances, let the petitioners above-named be released on
bail on furnishing bail bonds of Rs.10,000/- each with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M.-I, Darbhanga in connection with Jalley P.S. Case No.
219 of 2025, subject to the following condition that the
petitioners shall cooperate in the disposal of trial and make
themselves available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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