Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, finding the injuries simple and the dispute a prior matter.
Summary
The petitioners, Dhiraj Kumar and Mukesh Kumar, were implicated in a police case alleging assault with lathis and bricks, resulting in simple injuries to an informant and his cousin. They filed an application for anticipatory bail, contending that they were falsely implicated due to a prior drainage dispute and that both parties are agnates. The court noted the prior case filed by the petitioners, the simple nature of the injuries, and the familial relationship between the parties. Considering these factors, the court was inclined to grant anticipatory bail. The application was allowed, directing the petitioners to furnish bail bonds and sureties within four weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita, 2023
- Whether the nature of injuries and the existence of a prior dispute justify bail
- Whether the familial (agnate) relationship between parties influences the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 303(2), 351(2), 352/3(5)
Subjects
- anticipatory bail
- assault
- simple injury
- agnates
- drainage dispute
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88780 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
1. Dhiraj Kumar Son of Sanjay Singh @ Sanjay Kumar Singh R/o Village -
Khamhar, Ward no. - 9, P.S. - Muffasil, Dist. - Begusarai(Bihar).
2. Mukesh Kumar Son of Late Ashok Singh R/o Village - Khamhar, Ward no. -
9, P.S. - Muffasil, Dist. - Begusarai(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Abhilkasha Jha
Mr.Ankit Kumar Singh
Ms. Bulbul Kumari
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Mufassil Police Station Case No. 290 of 2025, dated
28.08.2025, disclosing offences punishable under
Sections 115 (2)/126(2)/117(2)/109(1)/351(2)/303(2)/
352/ 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 27.08.2025, at about 06:45 AM, the petitioners,
along with other co-accused persons, having lathi and
bricks in their hands, came, started abusing the informant
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and co-accused Sanjay Singh assaulted him by bricks on
his head, due to which he sustained head injury. The
petitioner no. 1 assaulted the informant by lathi on his
hand. The petitioner no. 2 assaulted the cousin of the
informant, Ajit, by lathi, on his left hand, due to which his
left hand was broken.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case due to dispute relating to drainage. He further
submits that both the parties are agnates. There is case
and counter case between the parties and the case lodged
by the side of the petitioner is prior in time to the present
First Information Report. He further submits that the
injured persons have received simple injuries, as would
be evident from the injury reports.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are agnates, there is dispute regarding
drainage, case and counter case is also there and the case
lodged by the side of the petitioners is prior in time to the
present First Information Report and the injuries
sustained by the victims are simple in nature, I am
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inclined to grant the petitioners privilege of anticipatory
bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned 1st Additional Chief Judicial
Magistrate, Begusarai, in connection with Mufassil Police
Station Case No. 290 of 2025, subject to the condition
laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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