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Patna High Court

Shakti DomversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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