Patna High Court
Dhaneshwar Das @ Dhaneshwar Kumar @ DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court ordered that the petitioners be released on bail, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Tarkeshwar Das and Dhaneshwar Das, were arrested in connection with an FIR alleging assault on the informant's son and firing of gunshots, filed under Sections 191(2), 191(3), 126(2), 115(2), 103(1) and 109 of the B.N.S. The FIR was lodged three days after the alleged incident and contained only vague, omnibus allegations without a specific motive. Both petitioners had been in custody since September 2025 while the charge‑sheet was pending. They applied for bail, arguing that the delay in filing the FIR and the lack of specific charges made continued detention unjustified. The State opposed bail. The Court, noting the general nature of the allegations and the absence of any identified motive, granted bail to both petitioners on a bond of Rs.10,000 each with two sureties.
Issues considered
- Whether bail should be granted when the FIR is filed after a delay and contains only general, omnibus allegations.
- Whether the absence of a specific motive or identified individual wrongdoing justifies release on bail.
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 126(2), 191(2), 191(3)
Subjects
- bail
- FIR delay
- general allegations
- criminal procedure
- Sections 191, 126, 115, 103, 109
- Patna High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84207 of 2025
Arising Out of PS. Case No.-180 Year-2025 Thana- KHARIK District- Bhagalpur
======================================================
Tarkeshwar Das Son of Late Bishundeo Das Resident of Village- Mirjafari,
P.S.- Kharik, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 84449 of 2025
Arising Out of PS. Case No.-180 Year-2025 Thana- KHARIK District- Bhagalpur
======================================================
Dhaneshwar Das @ Dhaneshwar Kumar @ Das Son of Teep Narain Das @
Teepan Das @ Deepnarayan Das R/o Village - Mirjapur, P.S. - Kharik, Distt. -
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 84207 of 2025)
For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate
Mr. Vikram Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
(In CRIMINAL MISCELLANEOUS No. 84449 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Vikram Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 As both the cases arise out of the same police station
case number, with consent of parties, they have been heard to-
gether for final disposal at this stage itself.
2. Heard learned senior counsel for the petitioners and
learned APP for the State.
Patna High Court CR. MISC. No.84207 of 2025(4) dt.23-02-2026
2/3
3. The petitioners seek bail in a case registered for
the offences punishable under Sections 191(2)/191(3) /
126(2)/115(2)/103(1)/109 of the B.N.S.
4. The allegation in the first information report is
that all the F.I.R. named accused persons including these
petitioners and 10-20 unknown persons variously armed
assaulted the son of the informant. They also fired gun shots in
air and fled away.
5. It is submitted by learned senior counsel for the
petitioners that the First Information Report has been lodged
after a delay of three days inasmuch as the occurrence is said to
have taken place on 05.06.2025, whereas the F.I.R. has been
lodged on 08.06.2025, without tendering any plausible
explanation, and the allegation is against seven named and about
10-20 unknown persons of having assaulted the informant’s son
and others. The background has been stated in the F.I.R. that
there was a scuffle between some youngsters and the Barat
party, which was mediated by some of the villagers and so far as
the deceased is concerned, he neither belongs to the bride or
bridegroom party rather he had just gone to watch and received
injury by hard and blunt substance as is indicated in the injury
report. Further, neither any motive has been alleged nor any
Patna High Court CR. MISC. No.84207 of 2025(4) dt.23-02-2026
3/3
specific allegation has been levelled against these petitioners
rather the allegations are general, omnibus and sweeping in
nature. The petitioner, Tarkeshwar Das has been languishing in
custody since 22.09.2025, while petitioner, Dhaneshwar Das is
in custody since 20.09.2025 and charge-sheet has been
submitted.
6. Learned APP for the State opposed the bail
petition.
7. Taking into consideration the facts and circum-
stances of the case and also considering the general and om-
nibus nature of allegations without any motive, the above
named petitioners are directed to be enlarged on bail on furnish-
ing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Kharik P.S. Case No.180 of 2025.
(Soni Shrivastava, J)
Trivedi/-
U T
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