Bombay High Court

SAMADHAN DINKAR KOLI AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The court allowed anticipatory bail for Applicant No. 2, Laxman Ishwar Koli, subject to prescribed conditions.

Summary

The applicants, Samadhan Dinkar Koli and Laxman Ishwar Koli, were implicated in an assault case (Crime No. 0384/2026) where the witness Kalpesh suffered a simple head injury allegedly caused by a stick. Applicant No. 1 withdrew his anticipatory bail application, leading to its dismissal. Applicant No. 2 sought pre‑arrest bail for offences under Sections 118(1), 118(2), 115(2), 352, 351(2), 351(3), 189(2) and 191(1) of the Bharatiya Nyaya Sanhita. The prosecution argued that the weapon had not yet been recovered, while the defence highlighted the minor nature of the injury and the applicant’s clean record. The court, after a prima facie assessment, found that custodial interrogation was unnecessary and granted anticipatory bail with specific conditions, including a personal bond of Rs.15,000, attendance at the police station, and non‑interference with witnesses or evidence. The order was directed to be communicated to the investigating officer.

Issues considered

Whether anticipatory bail should be granted to the accused given the nature of the alleged assault and the status of the alleged weapon.
Whether the simple injury sustained by the witness justifies release on bail without custodial interrogation.

Legislation cited

Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 118(2), 189(2), 191(1), 351(2), 351(3), 352

Subjects

anticipatory bail
pre‑arrest bail
assault
simple injury
Bharatiya Nyaya Sanhita
bail conditions
criminal procedure

Judgment

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                                                    aba1596.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

     928 ANTICIPATORY BAIL APPLICATION NO. 1596 OF 2026

1.    Samadhan Dinkar Koli

2.    Laxman Ishwar Koli                      ….Applicants

VERSUS

The State of Maharashtra & another            …..Respondents

Mr. A. S. Sawant, Advocate for Applicants.
Mr. S. B. Narwade, APP for the State.

                              CORAM : R. M. JOSHI, J.
                              DATE : 8th SEPTEMBER, 2026.
PER COURT :


1.    After hearing learned Counsel for both sides, learned Counsel

for the Applicants, on instructions, seeks withdrawal of the

application qua Applicant No. 1 Samadhan Dinkar Koli.



2.    Application stands dismissed qua Applicant No. 1 Samadhan

Dinkar Koli as withdrawn.



3.    Applicant No. 2 - Laxman Ishwar Koli seeks pre-arrest bail in

connection with Crime No. 0384/2026, registered with Dhule Taluka

Police Station, District Dhule, for the offences punishable under
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                                                       aba1596.26.odt

Sections 118(1), 118(2), 115(2), 352, 351(2), 351(3), 189(2), 191(1) of

Bharatiya Nyaya Sanhita.



4.    First Information Report indicates that on 28.06.2026 at about

8.00 pm, the incident had occurred in which the informant and

witness Kalpesh were assaulted by the present Applicants. There is

allegation against Applicant No. 2 that he caused assault on the head

of Kalpesh with a stick.



5.    Learned Counsel for Applicants submits that the stick which

was allegedly used by Applicant No. 2 has already been recovered and

considering the nature of injury caused to Kalplesh, this is a fit case

for protecting liberty of Applicant No. 2. He claims that Applicant No.

2 has no criminal history behind him.



6.    Learned APP opposed grant of any protection to the Applicant

by referring to the allegations against both the Applicants in the First

Information Report so also observations made by the Sessions Court.

He further submits that as per the record, the weapon i.e. stick used

by Applicant No. 2 is yet to be recovered.
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                                                       aba1596.26.odt

7.   Prima facie perusal of the record, more particularly injury

certificate, indicates that Kalpesh sustained simple injury. Though

the stick allegedly used by Applicant No. 2 is yet to be recovered,

having regard to the fact that the injury caused to the witness is

simple nature, custodial interrogation of Applicant No. 2 is not

necessary. Hence, Application stands allowed qua Applicant No. 2 -

Laxman Ishwar Koli in following terms :-

                               ORDER

        (i)     In the event of arrest of Applicant No. 2 -
        Laxman Ishwar Koli, in connection with Crime No.
        0384/2026,     registered   with   Dhule   Taluka   Police
        Station, District Dhule, for the offences punishable
        under Sections 118(1), 118(2), 115(2), 352, 351(2),
        351(3), 189(2), 191(1) of Bharatiya Nyaya Sanhita, he
        be released on bail on furnishing PR Bond of
        Rs. 15,000/- (Rs. Fifteen Thousand only) with one
        surety in the like amount.


        (ii)    He shall attend the concerned police station on
        16.09.2026 between 11.00 am to 1.00 pm.


        (iii)   He shall not contact the witnesses directly or
        indirectly.
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                                                        aba1596.26.odt

      (iv)   He shall not interfere with the evidence in any
      manner whatsoever.


      (v)    He   is   further   directed   to   cooperate    the
      investigating agency for further investigation.


      (vi)   Learned APP to communicate this order to the
      concerned Investigating Officer.



                                                 ( R. M. JOSHI, J.)

dyb

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