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Patna High Court

Ram Kumar RoyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, directing release upon furnishing bail bonds and sureties.

Summary

The petitioner, Ram Kumar Roy, applied for anticipatory bail anticipating arrest in a case involving multiple offences under the B.N.S., arising from a land dispute where he was alleged to have assaulted the informant with a rod. The petitioner argued he has a clean record, the injuries were minor, and he was falsely implicated. The State opposed the bail, contending the seriousness of the offences. The court examined the allegations, the nature of the injuries, and the petitioner’s antecedents, and considered the provisions of Section 482(2) of the Criminal Procedure Code. It directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2). Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in view of the alleged offences under the B.N.S.
  • Whether the nature of the alleged offences and the alleged injuries justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Criminal Procedure Code
  • land dispute
  • assault
  • Bihar
  • B.N.S. offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9781 of 2026
                    Arising Out of PS. Case No.-118 Year-2025 Thana- KHUTAUNA District- Madhubani
                 ======================================================
                 Ram Kumar Roy S/o- Ghughar Roy R/v- Sihula Ps- Khutauna Dist-
                 Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Hriday Narayan Harshit
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 329(3), 329(4), 126(2), 115(2), 118(1), 117(2), 109(1),

                   352, 351(2), 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that eleven named accused persons on

                   01.08.2025 at 8.00 P.M. came to his house and said that as per

                   measurement, the land belongs to them, thus asked to vacate the

                   land. On objection, Krishnadeo Roy pointed pistol while

                   petitioner assaulted by rod causing injury on head and back,

                   thereafter accused persons assaulted his son causing injury on
Patna High Court CR. MISC. No.9781 of 2026(2) dt.30-03-2026
                                            2/3




          back of right hand and shoulder and when villagers gathered,

          they fled leaving behind their scooty.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that on

          account of dispute relating to land, the occurrence is alleged to

          have taken place. It is also submitted that no doubt, petitioner is

          alleged to have assaulted the informant by rod causing injury on

          head and back, but then, the injury suffered by the informant has

          been opined to be simple in nature as would manifest from

          Annexure-2 to the anticipatory bail application. It is next

          submitted that petitioner is not a criminal and the blow is not

          alleged to have been repeated.

                       5. Learned A.P.P. Sri Chandra Bhushan Prasad

          opposes the anticipatory bail application.

                       6. After hearing the learned counsel for the parties

          and taking into consideration the submissions made by the

          learned counsel appearing on behalf of the petitioner, the

          petitioner, above-named, in the event of his arrest or surrender

          before the learned Court below within a period of six weeks, is

          directed to be released on bail on his furnishing bail-bonds in
               Patna High Court CR. MISC. No.9781 of 2026(2) dt.30-03-2026
                                                           3/3




                         the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the learned

                         Trial Court where the case is pending/successor Court in

                         connection with Khutauna P. S. Case No.118 of 2025, subject to

                         the conditions laid down under Section 482(2) of the B.N.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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