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Patna High Court

Shiv Ranjan GondversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bail bond and conditions.

Summary

The petitioners, Shiv Ranjan Gond and Bittu Gond, were named in an FIR for allegedly assaulting a victim with an iron rod during a family Haldi ceremony, resulting in grievous injury. They filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with multiple offences under the Bhartiya Nyay Sanhita, 2023. The petitioners argued that the incident was a family dispute and that they were innocent, while the informant and the State opposed bail, citing the seriousness of the injuries. The Court observed that the dispute arose among relatives during a family function and found no compelling reason to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 30,000 each and subjecting them to verification of criminal antecedents, with the possibility of cancellation if concealment is discovered.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a case involving alleged assault and grievous injury among family members
  • Whether the nature of the offences alleged under the Bhartiya Nyay Sanhita, 2023 warrants denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • family dispute
  • assault
  • criminal miscellaneous application
  • Section 482
  • BNSS 2023
  • Bhartiya Nyay Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10395 of 2026
                       Arising Out of PS. Case No.-863 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
           1.     Shiv Ranjan Gond S/o- Dinesh Gond Village- Bhimsen, Police Station-
                  Amarpur, District-Banka
           2.    Bittu @ Bikram Gond @ Vikram Kumar Gond S/o- Dinesh Gond Village-
                 Bhimsen, Police Station- Amarpur, District-Banka
                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Ajay Mukherjee, Advocate
                                                  Mr. Chhotelal Mishra, Advocate
                                                  Mr. Jyoti Prasad, Advocate
                 For the Opposite Party/s :       Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                   Heard learned Senior Counsel for the petitioners,

                   learned Counsel for the informant and learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest in

                   connection with Amarpur P.S. Case No. 863 of 2025, lodged on

                   01.12.2025, under Sections 126(2)/115(2)/329(4) /109(1) /74 /

                   303(2)/352/351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   ten named accused persons including the present petitioners. The

                   specific allegation against the present petitioners is that they have
Patna High Court CR. MISC. No.10395 of 2026(2) dt.12-03-2026
                                            2/3




          assaulted the victim by iron rod with a view to kill on the head of

          the victim due to which he was brutally injured.

                       4. Learned Senior Counsel for the petitioners submits

          that the petitioners are innocent and have committed no offence.

          Counsel submits that petitioners and informant both are relatives

          and resident of the same village. He submits that there is case and

          counter case from both the sides. The earlier case has been filed by

          the petitioners’ sides and later case has been filed by the informant

          side. He submits that from the FIR itself it transpires that the

          custom of Haldi was going on in the family in between scuffling

          took place which resulted into the injury.

                       5. Learned Counsel for the informant, who appeared

          suo motu, vehemently opposes the prayer for bail and submits that

          it is true that both parties are relative, but the way in which the

          petitioners have assaulted by which grievous injury has been

          caused the petitioners may not deserve anticipatory bail.

                       6. Learned APP for the State opposes the prayer for bail

          of the petitioners but fairly submits that it is a case which has

          taken place between the family members and on the occasion of

          function the dispute arisen and scuffling took place between the

          parties.

                       7. It transpires from the record that both are relatives

          and in family function the informant and the petitioners side were
          Patna High Court CR. MISC. No.10395 of 2026(2) dt.12-03-2026
                                                      3/3




                    present during which the dispute has arisen which resulted into

                    injury.

                                 8. As such, in the present facts and circumstances of this

                    case, let the above named petitioners be released on anticipatory

                    bail, in the event of arrest or surrender before the learned Court

                    below within a period of 4 weeks from today, on furnishing bail

                    bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned

                    in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief

                    Judicial Magistrate, Banka, in connection with Amarpur P.S. Case

                    No. 863 of 2025, subject to the conditions as laid down U/s 482(2)

                    of the BNSS, 2023.

                                 9. And further condition that the Trial Court shall verify

                    the criminal antecedent of the petitioners and in case at any stage it

                    is found that the petitioners have concealed their criminal

                    antecedent, the Trial Court shall take step for cancellation of bail

                    bond of the petitioners. However, the acceptance of bail bonds in

                    terms of the above mentioned order shall not be delayed for

                    purpose of or in the name of verification.



                                                                         (Dr. Anshuman, J)
    Mkr./-

U     T


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