Patna High Court
Shakti DomversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioner's application for regular bail.
Summary
The petitioner, Shakti Dom, was arrested in connection with a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging that he assaulted a victim who later died. He had been in custody since 3 August 2025. The police investigation subsequently exonerated him and submitted a final report, yet the magistrate proceeded to take cognizance of the case. The petitioner applied for regular bail, contending his innocence and the police exoneration. The State opposed the bail application. The Court, noting the exoneration and the circumstances, allowed the regular bail with a bond of Rs.10,000 and two sureties, emphasizing that its observations were prima facie and not a determination on the merits.
Issues considered
- Whether regular bail should be granted to the petitioner despite the magistrate having taken cognizance of the offence.
- Whether the police exoneration of the petitioner warrants bail under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 331(7)
Subjects
- regular bail
- exoneration
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault causing death
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90690 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- Rampur Chauram District- Arwal
======================================================
Shakti Dom Son of Rajram Dom @Raja Ram Dom Resident of Village -
Obara, P.S.- Obra, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh
For the Opposite Party/s : Mr. Syed Mojibur Rahman
Mr. Raju Ranjan Yadav
Mr. Arbind Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Rampur Chauram P.S. Case No. 72 of 2025 registered for the
offence under Section(s) 190, 191(2), 191(3), 115(2), 126(2),
109 and 331(7) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner along
with others is alleged to have assaulted the victim, resulting in
death.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 03.08.2025. He further submits
that the police, after investigation, the petitioner was exonerated
Patna High Court CR. MISC. No.90690 of 2025(4) dt.30-03-2026
2/2
and final form was submitted but the Magistrate took
cognizance.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
as well as the fact that the petitioner was exonerated by the
Police during the investigation, this application for regular bail
is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Rampur Chauram
P.S. Case No. 72 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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