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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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