Patna High Court
Dharmendra Ray @ Dharmendra Kr. Ray @ Dharmendra Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties, invoking its inherent powers under Section 482 of the CrPC and the provisions of Section 438(2).
Summary
The petitioner, Dharmendra Ray, sought bail after being implicated in a case (PS Case No.334 of 2023) involving multiple offences under the Indian Penal Code and the Arms Act, including assault, attempt to outrage modesty, and illegal possession of arms. He alleged that the charges were fabricated as retaliation stemming from an old land dispute. The court considered the nature of the alleged injuries, which were described as simple, and the petitioner's claim of false implication. Relying on the inherent powers of the High Court under Section 482 of the CrPC and the provisions of Section 438(2), the court deemed the bail application appropriate. Consequently, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the usual conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and Arms Act
- Whether the petitioner’s claim of false implication and the simplicity of the injuries justify the grant of bail
- Whether the High Court can exercise its inherent powers under Section 482 of the CrPC and the anticipatory bail provisions of Section 438(2) in this case
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Criminal Procedure Code — s. 438(2), 482
- Indian Penal Code — s. 120-B, 147, 148, 323, 325, 341, 354-B, 379, 504
Subjects
- bail
- false implication
- Indian Penal Code
- Arms Act
- Section 482 CrPC
- Section 438(2) CrPC
- High Court inherent powers
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89071 of 2025
Arising Out of PS. Case No.-334 Year-2023 Thana- TAJPUR District- Samastipur
======================================================
Dharmendra Ray @ Dharmendra Kr. Ray @ Dharmendra Kumar Ray Son of
Rambabu Ray R/o Ward no. 08, Sarangpur, Vikrampur, P.S. - Tajpur(Halai
O.P.), Distt. - Samastipur, Bihar - 848505.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Keshav Bhardwaj, Advocate
For the State : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner is
permitted to make necessary correction in the prayer portion of
the bail application in course of the day.
3. The petitioner apprehends arrest in
connection with Tajpur (Halai O.P.) P.S. Case No.334 of 2023
registered for the offence under sections 147, 148, 341, 323,
354-B, 379, 325, 504, 120-B of the Indian Penal Code and
under sections 25(1-B)a, 26 and 35 of the Arms Act.
4. The allegation against the petitioner and
others is that they have assaulted the informant and her
husband with iron rod and sharp edged weapons and further
they have outraged the modesty of the informant and tried to
Patna High Court CR. MISC. No.89071 of 2025(3) dt.26-02-2026
2/2
strangulate her husband.
5. Learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case and
the present case has been launched in order to wreak vengeance
purely out of old land dispute between the parties.
6. Considering the aforesaid submissions of
learned counsel for the petitioner and also the nature of injury
sustained by the injured, which is simple in nature, this
application is allowed.
7. Accordingly, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-I,
Danapur, Patna / concerned Court below, in connection with
Tajpur (Halai O.P.) P.S. Case No.334 of 2023, subject to the
conditions laid down in Section 482 of the BNSS / 438(2) of the
Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
pawan/-
U T
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