Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the petitioner’s clean record and the simple nature of the injuries, bail should be granted upon furnishing a bond and sureties.
Summary
Dinesh Kumar was arrested in connection with an assault allegedly committed with an axe, resulting in minor injuries to the informant’s husband. The prosecution alleged offences under several sections of the B.N.S., 2023, while the petitioner claimed innocence, no prior criminal record, and that the injuries were simple and caused by a blunt object. The petitioner applied for bail, arguing false implication and presenting a medical report supporting the minor nature of the injuries. The State opposed the bail on the seriousness of the charges. After hearing both sides, the court considered the lack of antecedents and the nature of the injuries and decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to appear before the SDJM, Samastipur, upon furnishing the bail bond.
Issues considered
- Whether the petitioner is entitled to bail despite the multiple serious offences alleged under the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 308(3), 3(5), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- injury report
- surety bond
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7727 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
Dinesh Kumar S/O Nathuni Sah R/O vill.- Mohiuddinpur, P.S.- Bangra, Dist.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner has prayed for bail in connection
with N.H. Bangra P.S. Case No. 122 of 2025 registered for the
offence punishable under Sections 115(2), 126(2), 109(1),
118(1), 303(2), 308(3), 352, 351(2) and 3(5) of the B.N.S.,
2023.
3. The case of the prosecution, in short, is that the
petitioner has assaulted with an axe on the head of the
informant’s husband.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that other allegations are against other
Patna High Court CR. MISC. No.7727 of 2026(2) dt.12-02-2026
2/2
accused persons, and from perusal of the injury report, which is
annexed at Annexure-P/2, it will transpire that the husband of
the informant has received two injuries: (i) incised wound over
the frontal part of the scalp measuring 1/2”x1/4”x1/3” and (ii)
pain over the lower back. He further submits that the doctor has
opined that the nature of the injury is simple, caused by a hard
and blunt substance. Moreover, a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 26.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Samastipur in connection with N.H. Bangra P.S. Case
No. 122 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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