Patna High Court
Raghav Kumar Roy @ Raghav JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail could not be granted due to the serious nature of the offences alleged against the petitioner.
Summary
The petitioner, Raghav Kumar Roy, was implicated in a land dispute that escalated into an assault on the informant's son, resulting in the victim's death. The prosecution alleged that the petitioner, along with others, attacked the victim with various weapons, causing multiple injuries that led to death. The petitioner sought anticipatory bail fearing arrest under Sections 191(2), 190, 103(1), 115(2) and 118(1) of the Bharatiya Nyaya Sanhita. The court examined the seriousness of the allegations, noting the fatal outcome and the violent nature of the assault. Considering the gravity of the charges, the court rejected the petition for anticipatory bail, ordering that the petitioner remain subject to arrest.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving alleged murder and assault arising from a land dispute
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 118(1), 190, 191(2)
Subjects
- anticipatory bail
- criminal law
- murder
- assault
- land dispute
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13013 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Raghav Kumar Roy @ Raghav Jha Son of Ganesh Jha Resident of Village -
Susari, PO and P.S. - Baheri, District -Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
For the Informant : Mr. Nishant Choudhary, Mr. Sushrut Shekhar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P for the State.
2. The petitioner apprehends arrest in Baheri P. S.
Case No. 299 of 2025, registered for offence punishable under
Sections 191(2), 190, 103(1), 115(2), 118(1) of the Bharatiya
Nyaya Sanhita.
3. The prosecution case, in brief, is that on 14.07.2025
at about 10 AM, some dispute arose between the parties owing
to land dispute and construction of boundary wall, in which it is
alleged that named accused persons, including petitioner,
assaulted the son of informant with spade, khanti, lathi and
tengari and while being taken to hospital, the injured (son of
informant) succumbed to injuries. In the post-mortem,
Patna High Court CR. MISC. No.13013 of 2026(2) dt.27-04-2026
2/2
altogether 8 injuries were found on the person of deceased.
4. Considering the nature of accusation, the prayer for
anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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