Patna High Court
Dilip RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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(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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