Patna High Court
Shiv Ranjan GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 74
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
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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
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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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