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Patna High Court

Dharmendra RajbanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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