Patna High Court
CR. MISC./48255/2026 of Dharmendra Jha Vs The State of Bihar on 22 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48255 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- HAYAGHAT District- Darbhanga ====================================================== Dharmendra Jha S/o Late Rambaran Jha R/o Village - Pauram, P.S - Hayaghat, District - Darbhanga
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48255 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- HAYAGHAT District- Darbhanga ======================================================
Dharmendra Jha S/o Late Rambaran Jha R/o Village - Pauram, P.S - Hayaghat, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Vinay Kumar Mishra, Adv.
For the Opposite Party/s :
Ms. Rina Sinha, APP
For the Informant
:
Mr. Ashish, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
22-07-2026 Heard the learned Advocate for the petitioner, learned Advocate for the informant and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Hayaghat P.S. Case No. 57 of 2026, registered for the offences punishable under Sections 115(2), 126(2), 74, 329(3), 329(4), 109, 352, 351(2) and 3(5) of the B.N.S., 2023.
3. The allegation against the petitioner is of causing sword blow over the head of the informant and his wife along with other co-accused persons, leading to serious injuries.
4. Learned Advocate for the petitioner taking this Court through the FIR contended that the entire allegation attributed to the petitioner of causing sword blow over the head Patna High Court CR. MISC. No.48255 of 2026(2) dt.22-07-2026
of the informant and his wife, falls to the ground for the simple reason that the injury report does not corroborate the allegation, inasmuch as, the injury appears to be caused by hard and blunt substance and simple in nature. The alleged occurrence took place on 15.03.2026, but the fardbeyan was recorded, though in the DMCH, but after a delay of four days. The parties are neighbors and on account of a trifle, entered into a scuffle, resulting into some unfortunate injuries. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State and the informant opposed the pre-arrest bail application and submits that the petitioner along with other co-accused persons have brutally assaulted over the vital part of the body of the informant and his wife, which led to serious injuries, and since they were under treatment, delay has occurred.
6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the injury report, which does not corroborate allegation of causing sword blow, besides simple in nature; as well as the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or Patna High Court CR. MISC. No.48255 of 2026(2) dt.22-07-2026
surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate – VI, Darbhanga in connection with Hayaghat P.S. Case No. 57 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
shivank/- (Harish Kumar, J) U T