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Patna High Court

Dilip RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioners are entitled to regular bail, subject to a bond and sureties, despite the serious nature of the charges.

Summary

The petitioners, Dilip Ram and Satyendra Ram, applied for regular bail in a case registered under sections 126(2), 115(2), 118(1), 109(1), 352, 351(2) and 3(5) of the B.N.S., alleging they assaulted the informant's son with a sword and bhala, causing multiple grievous injuries. The prosecution contended that the assault was intentional, while the petitioners claimed innocence, citing a counter‑version of events filed by Daulti Devi that described a mutual free fight in which both parties sustained injuries. The petitioners also highlighted their clean criminal record and that they had been in judicial custody since 5 September 2025. The State opposed the bail, emphasizing the seriousness of the offences. After considering the facts, the court decided to enlarge bail, directing release on a bond of Rs.10,000 with two sureties each, subject to the satisfaction of the concerned court.

Issues considered

  • Whether the petitioners are entitled to regular bail despite being charged with offences involving grievous hurt.
  • Whether the existence of a counter‑version of the incident and the petitioners' lack of prior criminal record justify granting bail.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

  • bail
  • assault
  • grievous hurt
  • regular bail
  • counter claim
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89354 of 2025
                     Arising Out of PS. Case No.-256 Year-2025 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
           1.     Dilip Ram S/o Rameshwar Ram Resident of Village - Pakwaliya, P.S -
                  Hussainganj, District - Siwan
           2.    Satyendra Ram S/o Rameshwar Ram Resident of Village - Pakwaliya, P.S -
                 Hussainganj, District - Siwan
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 118(1), 109(1), 352, 351(2) and 3(5) of B.N.S.

                                3. The case of the prosecution is that the petitioners

                   have assaulted the son of the informant by means of sword and

                   bhala.

                                4. From perusal of the order of the learned trial court, it

                   is clear that the son of the informant has received following

                   injuries:-

                                (1) Stab wound on left hand ½’’ x ½’’

                                (2) Stab wound present on right side of chest 1’’ x ½’’ x
Patna High Court CR. MISC. No.89354 of 2025(2) dt.27-01-2026
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          deep to muscle.

                       (3) stab wound present on right arm ½’’ x ½’’x deep to

          muscle.

                       (4) lacerated wound on left side ½’’ x ½’’ x deep to

          muscle.

                       (5) Lacerated wound on left side lower chest between

          right chest and left chest and doctor opined the nature of injury is

          grievous.

                       5. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. Learned

          counsel for the petitioners has submitted that there is also a

          counter version of this case which has been filed by Daulti Devi

          for the occurrence of same day. It has been submitted that it is a

          case of free fight between the two neighbourers and both sides

          have received injuries. Annexure-3 is the injury report of Daulti

          Devi and she has also received following injuries:-

                       (1) Lacerated wound on forehead size of 1’’ x ½’’ deep

          to scalp.

                       (2) Lacerated wound on left eyebrow size of

          1/2’’x1/4’’x deep to scalp.

                       (3) Lacerated wound on left side of head size of

          1’’x1/4’’x deep to scalp.

                       (4) Pain and swelling on right shoulder
            Patna High Court CR. MISC. No.89354 of 2025(2) dt.27-01-2026
                                                        3/3




                                   (5) Lacerated wound on left thumb size of ½’’x1/4’’x

                      deep to muscle.

                                   (6) Abrasion on left forearm size of 1/2’’x1/4’’. Her

                      injuries are also grievous in nature.

                                   6. Learned counsel for the petitioners has further

                      submitted that a statement has been made in para-3 of this

                      petition that the petitioners have got no criminal antecedent.

                      Moreover, they are languishing in judicial custody since

                      05.09.2025.

                                   7. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   8. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Hussainganj P.S. Case No. 256 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned J.M., Siwan/concerned

                      court.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T


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