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Patna High Court

Dinesh Singh @ Dinesh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioners, six residents of Goshaldih village, applied for bail fearing arrest in Suryapura Police Station Case No. 216 of 2025, which alleged offences under multiple sections of the Bihar Negotiable Security Act. The prosecution alleged that the petitioners assaulted the prosecution side, while the petitioners claimed innocence, asserting that they were falsely implicated due to an ongoing civil dispute and that they themselves had sustained injuries. Learned counsel for the petitioners argued that the allegations were baseless and that bail was warranted under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The Court examined the submissions and, finding merit in the petitioners' claim of false implication, allowed the bail application. The order directed that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.

Issues considered

  • Whether bail should be granted to the petitioners under Section 438(2) CrPC and Section 482 of the Bihar Negotiable Security Act pending arrest in the criminal case.
  • Whether the petitioners were falsely implicated due to a pending civil dispute.

Legislation cited

Subjects

  • bail
  • false implication
  • civil dispute
  • Section 438 CrPC
  • Section 482 BNSS
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88592 of 2025
                     Arising Out of PS. Case No.-216 Year-2025 Thana- SURYAPURA District- Rohtas
                 ======================================================
           1.     Dinesh Singh @ Dinesh Kumar Singh S/o Late Ramjag Singh R/o Village -
                  Goshaldih, P.S - Suryapura, District - Rohtas
           2.    Sanjiv Kumar S/o Chandrahansh Singh R/o Village - Goshaldih, P.S -
                 Suryapura, District - Rohtas
           3.    Abhishek Kumar S/o Bikrama Singh @ Vishwakarma Singh R/o Village -
                 Goshaldih, P.S - Suryapura, District - Rohtas
           4.    Deepak Kumar S/o Chandrahansh Singh R/o Village - Goshaldih, P.S -
                 Suryapura, District - Rohtas
           5.    Vishwakarma Singh @ Bikrama Singh S/o Late Ramjag Singh R/o Village -
                 Goshaldih, P.S - Suryapura, District - Rohtas
           6.    Chandrahansh Singh S/o Late Ramjag Singh R/o Village - Goshaldih, P.S -
                 Suryapura, District - Rohtas

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajani Kant Singh
                 For the Opposite Party/s :      Mr.Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Suryapura P.S. Case No. 216 of 2025 registered

                   for the offence under Sections 191(2), 190, 126(2), 115(2),

                   118(1), 109, 303(2), 351(2), 352 of the BNS.

                                   3. As per the prosecution case, the petitioners are

                   said to have assaulted the prosecution side.
          Patna High Court CR. MISC. No.88592 of 2025(2) dt.15-01-2026
                                                      2/2




                                    4. It has been submitted by the learned counsel for

                    the petitioners that the petitioners are innocent and they have

                    falsely been implicated in this case because of the pending civil

                    dispute between the parties. He further submits that the

                    petitioner side has also sustained injuries.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                    6. Let the petitioners, above named, in the event of

                    their arrest or surrender before the concerned Court below

                    within four weeks from today, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned Judicial

                    Magistrate, 1st Class, Bikramganj, Rohtas/concerned Court

                    below in connection with Suryapura P.S. Case No. 216 of 2025,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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