Patna High Court
Ramchandra MistryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and conditions under the B.N.S.S., 2023.
Summary
The petitioners, Ramchandra Mistry and his son Pintu Mistry, sought anticipatory bail in connection with Suhail Police Station Case No. 87 of 2025, wherein they were accused of assaulting an informant with an iron khanti, causing head and hand injuries. The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, while the petitioners contended that the incident arose from a petty agricultural land dispute between brothers and a nephew, and that they had no criminal intent. The petitioners highlighted that the first petitioner has a clean record and the second has a pending case on bail, and pointed to a counter‑case (Case No. 88 of 2025) filed by them. The State opposed bail but acknowledged the familial relationship and mutual scuffling. The Court, after considering the facts, granted anticipatory bail for a period of four weeks, subject to a bail bond of Rs 30,000 each and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether anticipatory bail should be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and the surrounding circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- assault
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail bond
- agricultural dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16684 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- SUHAIL District- Gaya
======================================================
1. Ramchandra Mistry Son of Prasad Mistry Residents of Village - Sewati Tola
Bara, P.S.- Suhail, District- Gayaji
2. Pintu Mistry son of Ramchandra Mistry Residents of Village - Sewati Tola
Bara, P.S.- Suhail, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Suhail P.S. Case No. 87 of 2025 lodged on
18.11.2025, for the offence punishable under Sections 126(2),
115(2), 117(2), 109(1), 352, 351(2), 76, 303(2) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioners.
The allegation against the petitioners is that they have assaulted
the informant by iron khanti, due to which, injury has been
caused to the informant on his head and his hand was also
Patna High Court CR. MISC. No.16684 of 2026(3) dt.06-05-2026
2/3
broken.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel submits that the informant and the petitioner no.1 are
full brothers and the scuffling took place between them due to
agricultural work related to potato. He submits that on the
previous occasion, case diary as well as injury report have been
called for to identify the fact and nature of the injury. Counsel
submits that the petitioner no.1 has clean antecedent, but the
petitioner no.2 has one criminal antecedent, in which, he is on
bail. He further submits that it is a petty land dispute and for the
same date and place of occurrence, there are case and counter
case from both the sides i.e. one case has been lodged from the
petitioners’ side bearing Suhail P.S. Case No. 88 of 2025 and the
present case has been lodged from the informant’s side bearing
Suhail P.S. Case No. 87 of 2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the informant and
the petitioner no.1 are full brothers and the petitioner no.2 is the
nephew of the informant and for agricultural work related to
potato, dispute occurred between them. He submits that
scuffling took place from both the sides and injuries have been
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caused to both the sides.
6. 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
Trial Court 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 B.N.S.S., 2023 to the
satisfaction of S.D.J.M., Sherghati, Gaya Ji, in connection with
Suhail P.S. Case No. 87 of 2025, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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