Patna High Court

Dharmendra Sah @ Dharmendra ShahversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Dharmendra Sah and Pawan Sah, applied for bail in a criminal case (PS Case No. 281 of 2025) where they were accused under Sections 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant. They contended that they were falsely implicated due to a family dispute involving dowry and that the specific knife‑assault allegation pertained to another co‑accused, Ravi Kumar Sah. The State opposed the bail, arguing the seriousness of the charges. The court examined the facts, noting the petitioners' claim of innocence, lack of prior criminal record, and their willingness to cooperate with the investigation. Considering these circumstances, the court ordered that the petitioners be released on bail upon surrender within six weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail should be granted to the petitioners accused under Sections 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 118(1), 303(2), 3(5)

Subjects

bail
criminal procedure
assault
dowry dispute
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79455 of 2025
                        Arising Out of PS. Case No.-281 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
           1.     Dharmendra Sah @ Dharmendra Shah Son of Dhaneshwar Sah Village-
                  Akorhi PS- Akorhi Gola District- Rohtas
           2.     Pawan Sah @ Chhotu Kumar son of Dhaneshwar Sah Village- Akorhi PS-
                  Akorhi Gola 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. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   05-01-2026                       Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 118(1), 109, 303(2) and 3(5) of

                   Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, all the accused persons

                   including the petitioners assaulted the informant due to which

                   he sustained injuries.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case due to ulterior motive. Further submission is that

                   petitioners are brothers-in-law of the informant. The informant,

                   who is husband of the petitioners’ sister, used to assault and

                   torture his wife for dowry and to make pressure, the present case

                   has been lodged against the petitioners. Learned counsel further
            Patna High Court CR. MISC. No.79455 of 2025(2) dt.05-01-2026
                                                        2/2




                      submits that specific allegation of assault by knife is on the co-

                      accused Ravi Kumar Sah. Allegations against the petitioners are

                      general in nature. Petitioners were not present at the place of

                      occurrence. Petitioners have no criminal antecedent. They

                      undertake to cooperate in the investigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the parties,

                      let the above named petitioners be released on bail, in the event

                      of arrest or surrender before the learned court below within a

                      period of six weeks from today, on furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                      the like amount each to the satisfaction of learned District and

                      Additional Sessions Judge, Bikramganj, Rohtas in connection

                      with Dinara P.S. Case No. 281 of 2025, subject to the conditions

                      as laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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