Patna High Court
Dharmendra RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Dharmendra Rajbanshi, was charged with offences under Sections 341, 323, 504, 308, 427, 379, 34 and later 302 of the Indian Penal Code for allegedly assaulting an informant and her husband, the latter dying from injuries. The petitioner contended that the allegations were fabricated and that similar co‑accused had been granted bail in earlier cases. The State opposed the bail application. The Court examined the seriousness of the charges, the claim of falsehood, and the precedent of bail being granted in analogous matters. It ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to cooperation with the trial. The bail order was conditioned on the petitioner’s availability as required by the court.
Issues considered
- Whether regular bail should be granted in a case involving multiple IPC offences including murder (Section 302).
- Whether the claim of fabricated allegations and the existence of similar bail orders in other cases warrant bail.
Legislation cited
- Indian Penal Code — s. 302, 308, 323, 34, 341, 379, 427, 504
Subjects
- bail
- Indian Penal Code
- murder
- assault
- fabricated allegations
- precedent
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9444 of 2026
Arising Out of PS. Case No.-268 Year-2021 Thana- WAJIRGANJ District- Gaya
======================================================
Dharmendra Rajbanshi S/O Ganauri Rajbanshi R/O village- Chain Bigha,
P.S.- Wazirganj, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf of
the petitioner for the offences alleged under Sections 341, 323,
504, 308, 427, 379, and 34 of the Indian Penal Code and
Section 302 being added later on), registered in connection with
Wazirganj P.S.Case No. 268 of 2021.
3. As per allegation, the petitioner and other co-
accused persons entered into the house of the informant, abused
and assaulted her. When the husband of the informant came to
her rescue, he too was assaulted by the miscreants rendering
him unconscious. Then the informant’s husband was rushed to
the hospital where in course of entreated he died.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.9444 of 2026(2) dt.16-02-2026
2/2
that the entire allegation is false and fabricated. Altogether, 13
persons have been made accused in this case with general and
omnibus allegation. The occurrence took place on 16.06.2021
and the deceased died on 26.06.2021. It is further submitted that
other co-accused persons with similar allegation have been
granted bail by coordinate Benches of this Court in Cr.Misc.No.
50655 of 2023 and Cr.Misc.No. 47328 of 2025 and the case of
the petitioner is similar to the said co-accused persons.
5. The learned APP for the State has opposed the
prayer for bail.
6. Considering the above facts and circumstances, let
the petitioner, above-named, be released on bail on furnishing
bail bond of Rs. 10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of learned CJM-1, Gaya in
connection with Wazirganj P.S.Case Nop. 268 of 2021, subject
to the condition that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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