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Patna High Court

Chandra Kant Ravidas @ Chandra Kant Das @ Chandra Kant KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, three brothers from Nalanda, sought anticipatory bail after an FIR was lodged alleging they entered a house with weapons and assaulted the occupants, causing head injuries. The prosecution alleged offences under several sections of the Indian Penal Code and section 76 of the Bihar Narcotic Substances Act, 2023. The petitioners argued that the FIR was exaggerated and that there was a dispute between the parties, contending that the allegations were not substantiated. The State highlighted the petitioners' prior criminal record and the seriousness of the injuries, asserting that the FIR was not merely a simple case. The court, noting the criminal antecedents and the gravity of the alleged offences, concluded that bail was not appropriate at this stage. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in view of the FIR alleging multiple serious offences
  • Whether the existence of prior criminal antecedents precludes the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • FIR
  • assault
  • Indian Penal Code
  • Bihar Narcotic Substances Act
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1186 of 2026
                        Arising Out of PS. Case No.-545 Year-2025 Thana- RAHUI District- Nalanda
                 ======================================================
           1.     Chandra Kant Ravidas @ Chandra Kant Das @ Chandra Kant Kumar S/O
                  Shiv Kumar Das @ Shiv Kumar Ravidas Resident of Amba, P.S.- Rahui
                  (Bhagan Bigha), District- Nalanda
           2.    Rajni Kant Ravidas @ Rajni Kant Das S/O Shiv Kumar Das @ Shiv Kumar
                 Ravidas Resident of Amba, P.S.- Rahui (Bhagan Bigha), District- Nalanda
           3.    Shiv Kumar Ravidas @ Shiv Kumar Das S/O Late Mahadeo Ravidas
                 Resident of Amba, P.S.- Rahui (Bhagan Bigha), District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar Divakar, Adv.
                 For the Opposite Party/s :        Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                  Heard Rajesh Kumar Divakar, learned counsel for the

                   petitioner and the State.

                                2. The petitioner apprehends his arrest in connection

                   with Rahui P.S. Case No. 545 of 2025 for the offence registered

                   under sections 126(2), 115(2), 190, 191(2), 109(1), 352, 302(2),

                   76 of BNS, 2023.

                                3. As per the prosecution story, the informant alleged

                   that while he was at home with his family members, the accused

                   persons entered with rods/deadly weapons and after abuse and

                   on protest, assaulted causing injury on the head. On raising

                   alarm, when Pramod Das, Manoj Das and others came, they
           Patna High Court CR. MISC. No.1186 of 2026(2) dt.04-02-2026
                                                       2/2




                     were also assaulted. This led to the FIR.

                                  4. Learned counsel for the petitioners submit that

                     omnibus allegation of assault has been made against the accused

                     persons and admittedly there is dispute between the parties and

                     in that background, the FIR has been exaggerated.

                                  5. Learned APP on the other hand submits that not

                     only the two petitioners have criminal antecedent, the injury is

                     on the head and it has not been incorporated in the learned

                     Sessions Judge order that the same is simple in nature.

                                  6. Considering the submissions of the parties as also

                     the fact that the petitioners have criminal antecedent, in that

                     background, it would be appropriate that they seek bail.

                                  7. The anticipatory bail application stands rejected.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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