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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is appropriate where the petitioners’ allegations of false implication and lack of specific charges against some of them create a reasonable doubt, and the Court may impose conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioners, a group of villagers from Simra, were charged under multiple sections of the Bihar Negotiable Sale (BNS) Act, 2023 for alleged assaults that arose from a neighbour dispute over the use of a drain. They contended that the FIR was false, that there was no motive, and that several of them had clean antecedents, with no specific allegations against some petitioners. The State opposed the grant of anticipatory bail, arguing the seriousness of the offences. The Court examined the petitioners’ claim of false implication, the nature of the injuries, and the precedent of a similar anticipatory bail order in Ajay Ram’s case. Relying on Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S., the Court held that anticipatory bail could be granted subject to strict conditions. Consequently, the petitioners were ordered to be released on anticipatory bail if arrested within six weeks, upon furnishing bail bonds and sureties.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under the B.N.S.S.
  • Whether the FIR constitutes false implication and lacks sufficient motive to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • neighbor dispute
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17421 of 2026
                     Arising Out of PS. Case No.-167 Year-2025 Thana- FESHAR District- Aurangabad
                 ======================================================
           1.     Pawan Kumar S/O Munna Ram R/O Vill.- Simra, P.S.- Phesar,Dist-
                  Aurangabad (Bihar)
           2.    Sudama Ram S/O Late Ramashish Ram R/O Vill.- Simra, P.S.- Phesar,Dist-
                 Aurangabad (Bihar)
           3.    Geeta Devi S/O Kamdev Ram R/O Vill.- Simra, P.S.- Phesar,Dist-
                 Aurangabad (Bihar)
           4.    Vikash Kumar S/O Sudama Ram R/O Vill.- Simra, P.S.- Phesar,Dist-
                 Aurangabad (Bihar)
           5.    Akash Kumar S/O Sudama Ram R/O Vill.- Simra, P.S.- Phesar,Dist-
                 Aurangabad (Bihar)
           6.    Ramu Ram S/O Late Ramashish Ram R/O Vill.- Simra, P.S.- Phesar,Dist-
                 Aurangabad (Bihar)
           7.    Munna Ram S/O Munshi Ram R/O Vill.- Simra, P.S.- Phesar,Dist-
                 Aurangabad (Bihar)
           8.     Kaamdev Ram S/O Late Ramashish Ram R/O Vill.- Simra, P.S.- Phesar,
                  Dist- Aurangabad (Bihar)
                                                                      ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 74, 79,

                   126(2), 115(2), 351(2), 352, 191(2), 190 and 109 of the BNS,

                   2023.

                                3. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.17421 of 2026(2) dt.18-04-2026
                                            2/4




          petitioners are persons with clean antecedent and petitioner no.

          3 is a woman and the informant alleges that accused persons

          including the petitioners came on 22.12.2025, at 08:00 a.m., and

          started abusing and on objection Vikash Kumar (petitioner no.

          4) assaulted the informant by tangi causing injury on head while

          Sudama Ram (petitioner no. 2) assaulted Shivpujan Ram by

          sword causing injury on head and Aakash Kumar (petitioner no.

          5) assaulted Shivbujan Ram by rod causing fracture of left hand

          while Baliram also assaulted him by rod causing fracture of

          right hand. Further, Shambhu Ram, Sita Ram and Pintu Ram

          assaulted Ramjee Ram indiscriminately by rod causing fracture

          of right leg while Munna (petitioner no.7), Jitan Ram and

          Sanjay assaulted Gangu Ram causing injury of right knee and

          Geeta Devi assaulted Sangeeta Devi by brick causing injury on

          waist and leg.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no

          motive for the occurrence is alleged in the FIR. It is further

          submitted that from the side of the petitioners Phesar P.S. Case

          No. 165 of 2025 and Phesar P.S. Case No. 166 of 2025 came to
Patna High Court CR. MISC. No.17421 of 2026(2) dt.18-04-2026
                                            3/4




          be instituted against the informant and his side. It is next

          submitted that petitioners and the informant are neighbours and

          there is a drain in between the house of the informant and the

          petitioners and despite objection by petitioners not to use the

          drain for attending the call of nature, the son of the informant

          defied and was using the drain for the purposes of attending the

          call of nature based on which an altercation took place in which

          both sides assaulted each other. It is also submitted that from the

          side of the petitioners Aakash Kumar was injured. It is

          submitted that no specific allegation of assault is alleged against

          the petitioners no. 1, 3 and 8. It is further submitted that injury

          of Shivpujan Ram and Ramjee Ram is opined to be grievous but

          then they are on non-vital part of the body as would manifest

          from Annexure-2 series to the anticipatory bail application. It is

          next submitted that petitioners are not the criminals and will not

          abscond if the privilege of anticipatory bail is granted to the

          petitioners rather will cooperate in the investigation to prove

          their innocence. It is next submitted that Ajay Ram along with

          six others had approached this Court seeking anticipatory bail

          by filing Cr. Misc. No. 20451 of 2026 and the same came to be

          allowed by an order dated 08.04.2026 passed by a learned

          Coordinate Bench of this Court.
           Patna High Court CR. MISC. No.17421 of 2026(2) dt.18-04-2026
                                                       4/4




                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioners, let the

                     petitioners, above-named, in the event of their arrest or

                     surrender within a period of six weeks from today, be released

                     on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with Phesar

                     P.S. Case No. 167 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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