Patna High Court
Anuj DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioners are entitled to bail as the allegations do not specifically implicate them, they have been detained for over six months, and a charge‑sheet has been filed.
Summary
The petitioners, four accused in a case of alleged assault on a woman’s husband and son, applied for regular bail under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused, including the petitioners, were armed and assaulted the husband (now deceased) and seriously injured the son, but the FIR specifically names other co‑accused for the husband’s assault and provides no injury report for the son. The petitioners contended they were falsely implicated and that the charge‑sheet had already been filed after they had been in custody for over six months. The State opposed the bail. Considering the lack of direct allegation against the petitioners, the prolonged pre‑trial detention, and the filing of the charge‑sheet, the court ordered that bail be granted on condition of a bond and sureties.
Issues considered
- Whether the petitioners are entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 despite having been in custody for more than six months and a charge‑sheet being filed.
- Whether the FIR specifically implicates the petitioners in the alleged assaults.
- Whether the absence of an injury report for the alleged assault on the son affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351, 351(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75315 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- RAMPUR District- Gaya
======================================================
1. Manoj Das S/O Chotu Das, R/O Village- Samir Takiya, Ravidas Tola, P.S-
Rampur, District- Gaya
2. Rajeev Das @ Rajeev Kumar, S/O Bigan Ravidas, R/O Village- Samir
Takiya, Ravidas Tola, P.S- Rampur, District- Gaya.
3. Nikhil Kumar, S/O Bigan Ravidas, R/O Village- Samir Takiya, Ravidas
Tola, P.S- Rampur, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 83380 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Anuj Das, S/o Chhotu Das, R/o Village- Sahmir Takiya, P.S.- Rampur,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 75315 of 2025)
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
(In CRIMINAL MISCELLANEOUS No. 83380 of 2025)
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Rampur P.S. Case no.47
of 2025, registered under sections 109(1), 190, 191(2), 191(3),
126(2), 115(2), 118(1), 117(2), 74, 352, 351, 351(2) and 351(3)
of the Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.75315 of 2025(4) dt.11-02-2026
2/3
3. As per the prosecution case, the informant states
that the sixteen named accused persons including the four
petitioners herein came variously armed and assaulted her
husband who fell unconscious. It is further stated that her son
was assaulted by the four petitioners herein seriously injuring
him.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. So far as the
allegation of assault on the husband (since deceased) of the
informant is concerned, the same is specific on five named
co-accused who are not the petitioners herein. So far as the
allegation of the petitioners having assaulted the son of the
informant is concerned, no injury report is available either in the
case diary nor does it find mention in the order of the learned
trial Court. The petitioners are in custody since 17.7.2025 and
20.5.2025 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the allegations in the F.I.R., the assault on the deceased not
being on the petitioners herein and the petitioners having
Patna High Court CR. MISC. No.75315 of 2025(4) dt.11-02-2026
3/3
remained in custody for more than 6 months and charge-sheet
having been submitted in the case, all the four petitioners are
directed to be enlarged on bail in connection with Rampur P.S.
Case no.47 of 2025, on each of them furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Gaya in Cr. Misc. no.75315 of 2025 and learned
District and Additional Sessions Judge-XVI, Gaya in Cr. Misc.
no.83380 of 2025.
(Partha Sarthy, J)
avinash/-
U T
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