Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
Petitioners Dhiraj Kumar and Aanjali Devi sought anticipatory bail fearing arrest in a case under multiple sections of the Bharatiya Nyaya Sanhita alleging assault with a knife, robbery of jewellery and cash. The prosecution alleged that the petitioners, along with others, attacked an informant and her daughter, causing injuries and theft. The petitioners contended they were innocent, the incident stemmed from a land dispute, injuries were minor, and they had clean antecedents, presenting the allegations as exaggerated. The State opposed the bail. Considering the nature of the accusations, the minor injuries, the counter‑case, and the petitioners' clean record, the court granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order directs that if arrested within eight weeks, the bail may be enlarged by the Judicial Magistrate‑I, Motihari.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nyaya Sanhita for the offences alleged.
- Whether the nature of the allegations, the extent of injuries and the petitioners' antecedents justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- robbery
- criminal procedure
- bail conditions
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1005 of 2026
Arising Out of PS. Case No.-321 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
1. Dhiraj Kumar S/o- Ramjanam Thakur R/v- Ganga Sirisiya Ps- Chakia Dist-
East Champaran
2. Aanjali Devi @ Anjali Kumari W/o- Sonu Kumar R/v- Ganga Sirisiya Ps-
Chakia Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 303(2),
74, 118(1), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, these petitioners along
with other accused persons assaulted informant and her daughter
with knife due to which they sustained injuries. It is further
alleged that the accused persons also snatched gold jewellery
from the neck of informant and her daughter and took Rs.
20,000/- from the house.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Both
Patna High Court CR. MISC. No.1005 of 2026(2) dt.21-01-2026
2/2
parties are agnates and due to land dispute, altercation took
place in which both sides sustained injuries. Injuries sustained
by the injured are simple in nature. Present case is counter blast
of Chakia P. S. Case No. 331 of 2025 registered against
informant and others. Rest of the allegations are ornamental
only to make the case grave. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries, case
and counter case and clean antecedents, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Judicial Magistrate-I, Motihari, East Champaran in connection
with Chakia P. S. Case No. 321 of 2025, subject to condition as
laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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