Patna High Court

Dinesh sahani @ Dinesh kumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that bail should be granted to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Dinesh Sahani, was arrested in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant's wife with a sharp weapon during a land dispute. He contended that he was falsely implicated, had no prior criminal record, and was willing to cooperate with the investigation. The State opposed his bail application. After hearing both sides, the court considered the nature of the alleged injury, the petitioner’s background, and the circumstances of the dispute. The court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 and two sureties, and to appear before the Judicial Magistrate within six weeks, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita.
Whether the nature of the alleged assault and the petitioner’s lack of criminal antecedent justify the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 191(2), 303(2), 352, 74

Subjects

bail
criminal procedure
assault
land dispute
Bharatiya Nyaya Sanhita
Section 482
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87382 of 2025
                 Arising Out of PS. Case No.-113 Year-2025 Thana- Gadhiya Bazar District- East Champaran
                 ======================================================
                 Dinesh sahani @ Dinesh kumar Son of Shivpujan Sahani Resident of village-
                 kodhiya, ps- Garahiya Bazar, Dist- East Champaran
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-01-2026                            Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 191(2), 126(2), 115(2), 118(1), 109,

                   74, 303(2) and 352 of the Bharatiya Nyaya Sanhita.

                                   3. As per the F.I.R., the petitioner along with other

                   named accused persons came at the place of occurrence and

                   started abusing the informant. When objection raised by the

                   informant then all the accused persons assaulted him and his

                   family members. Allegation against the petitioner is that he

                   assaulted the informant’s wife with sharp cut weapon causing cut

                   injury.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely been

                   implicated in the present case. Further submission is that

                   petitioner and informant are neighbours and due to land dispute,
            Patna High Court CR. MISC. No.87382 of 2025(2) dt.12-01-2026
                                                        2/2




                      occurrence took place between them in which both the parties

                      got injury. The injury allegedly caused by this petitioner is

                      simple in nature. There is case and counter case between the

                      parties. Petitioner has got no criminal antecedent and he

                      undertakes to cooperate in the investigation and trial.

                                     5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                     6. Having considered the facts and circumstances of

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

                      the above named petitioner 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 bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate-I,

                      Motihari, East Champaran in connection with Garahiya Bazar

                      (Gadhiya Bazar) P.S. Case No. 113 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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