Patna High Court
Chandev RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioners' clean antecedent and the circumstances, anticipatory bail may be granted subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, a group of relatives from Sripur Nawada, sought anticipatory bail fearing arrest in a case (Pakaridayal PS Case No.246 of 2025) that alleged they entered an informant's house and committed assaults with a knife and a gadasa, among other offences. The prosecution alleged that the petitioners, along with others, abused the informant and injured his family members. The petitioners contended that they were falsely implicated due to a long‑standing land dispute, that the injuries were minor, and that they have clean antecedents and are willing to cooperate with the investigation. The State opposed the grant of anticipatory bail. After considering the facts, the clean antecedent of the petitioners, and the nature of the allegations, the Court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the nature of the alleged offences and the surrounding land‑dispute motive warrant denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 324(4), 329(4), 3(5), 351(1), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- assault
- false implication
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21473 of 2026
Arising Out of PS. Case No.-246 Year-2025 Thana- PAKRIDAYAL District- East Champaran
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1. Chandev Ram Son of Late Lagan Ram R/o Vill.- Sripur Nawada, P.S.-
Pakaridayal, Dist- East Champaran at Motihari.
2. Ram Vinay Ram @ Ramvinay Ram Son of Chandev Ram R/o- Sripur
Nawada, P.S.- Pakaridayal, Dist- East Champaran at Motihari.
3. Niraj Kumar S/o Chandev Ram R/o Vill.- Sripur Nawada, P.S.- Pakaridayal,
Dist- East Champaran at Motihari.
4. Dharmdev Ram S/o Late Lagan Ram R/o Vill.- Sripur Nawada, P.S.-
Pakaridayal, Dist- East Champaran at Motihari.
5. Suman Ram S/o Late Lagan Ram R/o Vill.- Sripur Nawada, P.S.-
Pakaridayal, Dist- East Champaran at Motihari
6. Munni Devi Wife of Chandev Ram R/o Vill.- Sripur Nawada, P.S.-
Pakaridayal, Dist- East Champaran at Motihari.
7. Kamli Devi Wife of Dharmdev Rarm @ Chandev Ram R/o Vill.- Sripur
Nawada, P.S.- Pakaridayal, Dist- East Champaran at Motihari.
8. Pramila Devi Wife of Suman Ram R/o Vill.- Sripur Nawada, P.S.-
Pakaridayal, Dist- East Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate.
For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Pakaridayal P.S. Case No.246 of 2025 instituted under
Sections 329(4), 126(2), 115(2), 118(1), 109, 303(2), 324(4), 74,
352, 351(1) & 3(5) of the B.N.S., 2023.
Patna High Court CR. MISC. No.21473 of 2026(3) dt.30-04-2026
2/3
3. As per the prosecution case, all the 14 accused
persons including the petitioners entered in the house of
informant and started abusing due to old enmity. Petitioner no.2
assaulted the informant on his nose with knife causing injury to
him, petitioner no.3 assaulted the son of informant, namely,
Suraj Kumar on his head with gadasa. It is alleged that when
Subodh Kumar and Lakshmi Devi tried to intervened, all the
accused persons assaulted them too.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case due to long existing dispute concerning the ancestral lands
of the parties. He further submits that both the parties are gotiya
and due land dispute, an altercation took place between the
parties, in which both the parties got injured. Learned counsel
submits that there is case and counter case between the parties
for the same occurrence. He further submits that the injury to
the injured are simple in nature and does not corroborate with
the case of prosecution. Learned counsel submits that petitioners
have got clean antecedent and they undertake to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.21473 of 2026(3) dt.30-04-2026
3/3
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioners as well as
their clean antecedent, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned Chief Judicial
Magistrate, Motihari, East Champaran/ concerned Court in
connection with Pakaridayal P.S. Case No.246 of 2025, subject
to the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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