Patna High Court
Rambilash DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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
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learned district court.
8. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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