Patna High Court
Dinesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, finding no specific allegation against him and noting parity with co‑accused.
Summary
The petitioner, Dinesh Rai, was arrested in connection with a case alleging assault with weapons on the father and uncle of an informant, under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, noting that the FIR specifically named other individuals and that a prior land dispute motivated the charges. The petitioner had been in custody since 21 August 2025 and had one prior criminal antecedent. The State opposed bail, citing the seriousness of the offences, while the petitioner’s counsel highlighted the lack of specific allegations against him and the fact that co‑accused had already been granted bail. Considering the parity with co‑accused, the absence of direct allegations, and the length of custody, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the lack of specific allegation against the petitioner and parity with co‑accused warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 126(2), 190, 191(2), 351(2), 352
Subjects
- bail
- criminal law
- assault
- Bharatiya Nyaya Sanhita
- parity
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88204 of 2025
Arising Out of PS. Case No.-419 Year-2024 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Dinesh Rai Son of Late Shankar Ray Resident of Village- Amdipur, P.S.-
Shahpur Patory, District- Samastipur (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Prasad Roy, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Shahpur Patory P.S. Case No. 419 of 2024 instituted for the
offence under Sections 103(1), 191(2), 190, 126(2), 115(2),
117(2), 109, 352 & 351(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that the petitioner
along with other co-accused person being armed with iron rod,
fasuli, khanti and lathi and surrounded the father and uncle of
the informant. It is further alleged that Bindeshwar Rai and
Dayanand Rai assaulted with khanti to Subodh Rai, the father of
the informant. It is also alleged that the accused persons have
Patna High Court CR. MISC. No.88204 of 2025(2) dt.13-01-2026
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assaulted him with lathi and iron rod.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 21.08.2025. Petitioner
bears one criminal antecedent/s, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would manifest that there is no
specific allegation against the petitioner, rather the same is
attributed to Bindeshwar Rai and Dayanand Rai. It is submitted
that there is previous land dispute between the parties. Other co-
accused have been granted bail by this Court, vide order dated
21.11.2025, passed in Cr. Misc. No. 81135 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and there being no specific allegation against the
petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
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below/concerned Court in connection with Shahpur Patory P.S.
Case No. 419 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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