Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, subject to conditions, finding the allegations non‑specific and the petitioners' antecedents clean.
Summary
The petitioners, five members of the Saw family, sought relief from imminent arrest in a criminal case (Naubatpur P.S. Case No. 363 of 2025) alleging offences under several sections of the B.N.S., 2023. The prosecution alleged that the petitioners, along with others, assaulted the informant's family members and attempted to outrage the modesty of two women. The petitioners contended that the allegations were vague, that the dispute stemmed from a civil land conflict (Title Suit No. 10 of 2022) and that the informant had violated an injunction, filing counter‑complaints against the informant. The court noted the non‑specific nature of the accusations, the simple injuries suffered, and the petitioners' clean antecedent, and consequently ordered their release on bail with conditions. The bail was set at Rs.10,000 with two sureties and required the petitioners to appear as directed by the trial court.
Issues considered
- Whether the allegations against the petitioners are sufficient to justify denial of bail.
- Whether the underlying civil land dispute and alleged injunction violation affect the criminal proceedings.
- Whether the petitioners' clean antecedent warrants bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S., 2023 — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352, 75
- B.N.S.S. — s. 482(2)
Subjects
- bail
- criminal procedure
- section 482(2)
- injunction violation
- land dispute
- assault
- clean antecedent
- vague allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13925 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
1. Rakesh Kumar Son of Ganga Saw Resident of Village - Bichhedi, P.S. -
Naubatpur, Dist. - Patna.
2. Dharmendra Kumar @ Dharmendra Saw @ Harmendra Saw Son of Ganga
Saw Resident of Village - Bichhedi, P.S. - Naubatpur, Dist. - Patna.
3. Chitranjan Saw @ Chitranjan Kumar Son of Ganga Saw Resident of Village
- Bichhedi, P.S. - Naubatpur, Dist. - Patna.
4. Sunny Kumar Son of Ganga Saw Resident of Village - Bichhedi, P.S. -
Naubatpur, Dist. - Patna.
5. Ganga Saw Son of Late Chamru Saw Resident of Village - Bichhedi, P.S. -
Naubatpur, Dist. - Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Rajesh Kumar Sharma, Advocate
For the State : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Naubatpur P.S.
Case No. 363 of 2025, dated 14.06.2025, registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 75,
352 and 351(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, petitioners and co-
accused persons with a common objective assaulted the son and
daughter-in-law of the informant and fractured their heads. They
Patna High Court CR. MISC. No.13925 of 2026(2) dt.18-03-2026
2/4
also assaulted the nephew of the informant who intervened in
the matter. The assailants also tried to outrage the modesty of
the wife and the sister of the informant.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and they have falsely been
implicated in this case. No specific overt act has been attributed
to the petitioners and the allegations are general, omnibus and
sweeping, implicating the entire family of the petitioners.
Learned counsel further submits that the place of occurrence is
said to be a mango orchard, which is standing over a piece of
disputed land and the said land is the subject matter of Title Suit
No. 10 of 2022, and the said Title Suit is pending before the
Court of learned Sub-Judge-II, Danapur, between petitioner no.
5, Ganga Saw, and the informant, Dinanath Saw. In the said
Title Suit, learned Sub-Judge-I, Danapur vide order dated
30.09.2022, granted an order of status quo, restraining both the
parties from changing the character and nature of the disputed
land. Despite the subsisting injunction order, the informant
illegally entered in the disputed land with an intention of
committing theft and to alter the nature of the land, and the
same was objected by petitioner nos. 4 and 5. There is counter
version and Ram Kumari Devi, the wife of petitioner no. 5, filed
Patna High Court CR. MISC. No.13925 of 2026(2) dt.18-03-2026
3/4
a Complaint Case No. 627 (C) of 2025 against the informant
and others under Sections 303, 304, 75, 115, 118(1) and 307 of
the B.N.S., 2023. In the said complaint, it has been alleged that
the informant of this case along with his son, nephew and four
to five unknown persons illegally entered the disputed mango
orchard despite subsisting injunction order. Learned counsel
further submits that Miscellaneous Case No. 24 of 2024 has also
been filed against the informant for violating the injunction
order dated 30.09.2022, passed by the learned Sub-Judge-I,
Danapur in Title Suit No. 10 of 2022, and the said
Miscellaneous Case is still pending for adjudication. Learned
counsel further submits that the true fact of the case is that the
informant’s side attacked the petitioners and other co-accused
persons due to existing civil dispute, the informant deliberately
instituted this false case against the petitioners. The learned
counsel lastly submits that the petitioners are having clean
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
general and non-specific nature of allegation against the
Patna High Court CR. MISC. No.13925 of 2026(2) dt.18-03-2026
4/4
petitioners and also considering the fact that injuries inflicted
upon the injured persons are found to be simple in nature and
further considering the clean antecedent of the petitioners, let
the petitioners above-named, in the event of their arrest or
surrender before the Court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-VI, Danapur, Patna, in
connection with Naubatpur P.S. Case No. 363 of 2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…