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Patna High Court

Rambilash DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court ordered that pre‑arrest bail be conditioned on a medical assessment of the injury, granting bail if the injury is simple and requiring surrender for regular bail if it is grievous.

Summary

Rambilash Das and Ashok Das petitioned the Patna High Court for pre‑arrest bail in a case (Jhajha P.S. Case No. 224 of 2025) where they were alleged to have assaulted the husband of an informant, causing injuries. The FIR charges them under several sections of the Bihar Penal Code, including offences of assault, grievous hurt and other related crimes. The petitioners claim innocence and argue that they have been falsely implicated. The State opposed the bail, emphasizing the seriousness of the alleged injuries. The Court directed the District Court to obtain a medical opinion on whether the injury is simple or grievous; if simple, the petitioners are to be released on pre‑arrest bail, otherwise they must surrender and apply for regular bail. The petition was subsequently disposed of.

Issues considered

  • What criteria determine the grant of pre‑arrest bail in cases involving alleged assault and multiple penal provisions?
  • Whether the nature of the injury (simple vs grievous) should conditionally affect the grant of pre‑arrest bail.

Subjects

  • pre‑arrest bail
  • assault
  • injury assessment
  • simple injury
  • grievous injury
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89818 of 2025

                        Arising Out of PS. Case No.-224 Year-2025 Thana- JHAJHA District- Jamui




           1.    Rambilash Das
           2.    Ashok Das
                 Both are Sons of Niro Das R/o Village - Karhara, Lakshmipur, P.S. - Jhajha,
                 and Dist. - Jamui.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjeet Patel, Advocate
                 For the Opposite Party/s :       Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                      Heard Mr. Ranjeet Patel, learned counsel appearing

                   on behalf of the petitioner and Mr. Madhura Nand Jha, learned

                   APP for the State.

                                  2. The petitioners seek pre-arrest bail in connection

                   with Jhajha P.S. Case No. 224 of 2025 registered for the

                   offence(s)                 punishable               under               Sections

                   126(2),115(2),118(1),109(1),333,303(2),352,351(2),3(5) of the

                   BNS.

                                  3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners assaulted the
Patna High Court CR. MISC. No.89818 of 2025(2) dt.15-01-2026
                                             2/3




          husband of the informant on different parts of bodies, including

          the head, causing injuries.

                          4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. There is case and

          counter case between the parties. The opinion has been reserved

          with regard to injury sustained by the husband of the informant.

                          5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                          6. Having considered the rival submissions made on

          behalf     of     the   parties,     as    well,     having   perused   the

          allegation made in the FIR,               the learned District Court is

          directed to call for the final opinion of the doctor

          in    respect of the injury sustained by the husband of the

          informant and if it is found that the same is simple in

          nature, then in that case, the petitioners, above named, are

          directed to be released on pre-arrest bail, in connection with

          Jhajha P.S. Case No. 224 of 2025 on such terms and conditions

          as the learned District Court deems it fit and proper.

                       7. In case, the injury sustained by the husband of the

          informant is grievous in nature, then in that case, the petitioners

          are directed to surrender and seek regular bail before the
           Patna High Court CR. MISC. No.89818 of 2025(2) dt.15-01-2026
                                                       3/3




                     learned district court.

                                  8. The present petition stands disposed of.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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