Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Dhiraj Kumar and Niraj Kumar, were named in FIR No. 87 of 2025 for allegedly assaulting an informant and his brother over a water dispute, resulting in injuries. They sought bail, claiming innocence and alleging false implication due to the dispute. The prosecution opposed bail, highlighting the seriousness of the offences under the BNS, 2023 and a prior criminal antecedent. The court examined the allegations, the medical evidence of injuries, and the petitioners' bail status in a pending matter. Applying Section 438(2) of the CrPC, the court granted bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or concealment of antecedents. The order also directed verification of their criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the BNS, 2023.
- Whether the petitioners pose a risk of tampering with evidence or witnesses.
- Whether the petitioners have concealed any prior criminal antecedent that would justify denial of bail.
Legislation cited
- BNS, 2023 — s. 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- water dispute
- assault
- injury
- criminal antecedent
- BNS 2023
- West Champaran
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88852 of 2025
Arising Out of PS. Case No.-87 Year-2025 Thana- SIRISIYA District- West Champaran
======================================================
1. Dhiraj Kumar Son of Chandeshwar Mahto Resident of village - Sabeya
Khurd, Police Station - Sirisiya, District - West Champaran.
2. Niraj Kumar Son of Chandeshwar Mahto Resident of village - Sabeya
Khurd, Police Station - Sirisiya, District - West Champaran.
... ... petitioners/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Brij Kishor Mishra, learned counsel for
the petitioners and Mr. Shantanu Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sirisiya P.S. Case No. 87 of 2025, F.I.R. dated
22.05.2025 for the offences punishable under Sections 126(2),
115(2), 117(2), 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including these petitioners over a water dispute brutally
assaulted the informant and his brother due to which they have
received injuries.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.88852 of 2025(2) dt.09-01-2026
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petitioners are innocent and they have falsely been implicated in
the present case due to some water dispute. There is case and
counter case between the parties. The petitioners are named in
the F.I.R and there is specific allegation is against them that they
have assaulted to the informant and his brother due to which
Abhishek Kumar Mani (informant) and Vivek Kumar Mani
have received injury and the doctor has opined that:- "Abhishek
Kumar Mani has received the following injuries-
1. Incised wound over mid frontal region 3.5 cm x 0.5 cm x
bone touch. (Expert opinion, Reg. no. 21556-NCCT=NAD) Report
attached.
2. Abrasion over left side of lower abdomen 3 cm x 0.25 cm.
3. Abrasion over left side of occipital region 4 cm x 0.25 cm.
Identification mark:- Mole on right cheek.
Age of Injury/Injuries:- Within six hours.
Nature of Injury:- Injury no. 01 caused by sharp cutting object
and Injury no. 02 & 03 are by hard & blunt object, A are simple in nature.
Vivek Kumar Mani has received the following injuries-
1. Scalp pain. (Expert opinion, Reg. no. 21553- NCCT & X-
Ray-NAD) Report attached.
2. Redness over back of neck.
3. Pain over right hand.
Identification mark:- Mole on left cheek.
Age of Injury/Injuries:- Within six hours.
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Nature of Injury:- All are simple in nature caused by hard &
blunt object."
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that the petitioners are named in the F.I.R and they have
assaulted the informant and his family members and apart from
the aforesaid the petitioners carries one criminal antecedent
other than the present one but fairly submits that the petitioners
are on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned J.M. 1st Class, Bettiah, West Champaran in connection
with Sirisiya P.S. Case No. 87 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
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reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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