Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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.
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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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