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Patna High Court

Rabindra Parasad @ Rabind MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is maintainable and the petitioners are entitled to it despite the addition of the non‑bailable offence.

Summary

The petitioners, four residents of East Champaran, sought anticipatory bail after a charge-sheet was filed under both bailable offences (Sections 341, 323, 504, 379, 506, 34 IPC) and the non‑bailable, aggravated offence of murder attempt (Section 307 IPC). They had earlier been released on bail when the FIR contained only bailable offences, but the police later added Section 307. The petitioners argued that the addition of a non‑bailable charge should not automatically strip them of the bail previously granted and relied on the Supreme Court decision in Prahlad Singh Bhati v. NCT Delhi. The State contended that the inclusion of Section 307 made the earlier bail entitlement lapse, making anticipatory bail appropriate. The High Court agreed with the petitioners, holding that anticipatory bail could be granted despite the later addition of a non‑bailable charge, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The court ordered that the petitioners be released on anticipatory bail upon furnishing the required bond and sureties.

Issues considered

  • Whether the addition of a non‑bailable offence (Section 307 IPC) to a charge‑sheet defeats the bail previously granted for bailable offences.
  • Whether anticipatory bail is maintainable under the changed circumstances.
  • Whether the Supreme Court precedent in Prahlad Singh Bhati v. NCT Delhi applies to this situation.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • non‑bailable offence
  • Section 307 IPC
  • Indian Penal Code
  • Criminal Procedure Code
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17761 of 2026
                  Arising Out of PS. Case No.-515 Year-2020 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Rabindra Parasad @ Rabind Mahto son of Late Manager Mahto @ Manger
                  Prasad Resident of Village- Hasuaha, P.S. -Govindpur, District -East
                  Champaran
           2.    Mala Devi wife of Rabindra Prasad @ Rabindra Mahto Resident of Village-
                 Hasuaha, P.S. -Govindpur, District -East Champaran
           3.    Ramesh Kumar @ Ramesh Prasad son of Late Manager Prasad @ Manager
                 Mahto Resident of Village- Hasuaha, P.S. -Govindpur, District -East
                 Champaran
           4.     Gudiya Kumari @ Gudiya Devi Wife of Ramesh Kumar Resident of
                  Village- Hasuaha, P.S. -Govindpur, District -East Champaran
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nafisu Zzoha, Advocate
                                                  Mr. Nasar Iqbal, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-05-2026                   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 341, 323,

                   504, 379, 506 and 34 of the Indian Penal Code.

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioners no.

                   2 and 4 are women and the informant alleges that on

                   04.12.2020, at 06:30 a.m., his son went to attend the call of

                   nature on his land when his agnates Ramesh (petitioner no. 3)
Patna High Court CR. MISC. No.17761 of 2026(2) dt.11-05-2026
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          and Rabindra (petitioner no. 1) came and assaulted his son by

          fists and Rabindra assaulted the informant by rod causing injury

          on leg and Rajendra assaulted his wife by farsa causing injury

          on head and Ramesh snatched the chain of his wife and Mala

          (petitioner no. 2), Gudiya (petitioner no. 4) and Anju also

          assaulted.

                       4. Learned counsel for the petitioners submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that no specific allegation of assault is alleged against

          the women accused. It is further submitted that Ramesh and

          Rabindra are alleged to have assaulted the son of the informant

          by fists and thereafter, Rabindra assaulted the informant by rod

          causing injury on leg and Rajendra is alleged to have assautled

          the wife of the informant causing injury on head. It is next

          submitted that initially when the FIR was instituted, the same

          was under bailable sections of the Indian Penal Code, as such,

          the petitioners were to be enlarged on bail as a matter of right,

          hence, the petitioners appeared before the learned Trial Court

          and were released on bail but, thereafter, the police investigated

          the case and submitted charge-sheet on 30.12.2021 under

          various bailable sections of the Indian Penal Code inlcuding

          Section 307 of the Indian Penal Code, as such, the charge-sheet
Patna High Court CR. MISC. No.17761 of 2026(2) dt.11-05-2026
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          was submtited with respect to an aggravated offence which was

          not part of the initial FIR. It is also submitted that petitioners

          never received any summons nor there is any service report on

          record suggesting that summons were served on the petitioners.

          It is submitted that even the police, during the course of

          investigation, did not make any endeavours to arrest the

          petitioners but, after charge-sheet was submitted, the petitioners,

          on receiving bailable warrant of arrest on 03.09.2025, came to

          know that charge-sheet has been submitted under Section 307 of

          the Indian Penal Code. It is further submitted that petitioners

          and the informant are agnates and, on account of dispute

          relating to land, the occurrence is alleged to have taken place. It

          is next submitted that even the injury suffered by the injured has

          been opined to be simple in nature, except one injury of the wife

          of the informant, which was caused on account of assault made

          by Rajendra who is not a petitioner in the instant case.

                       5. Learned counsel for the petitioners relying on a

          judgement of the Hon’ble Supreme Court in the case of Prahlad

          Singh Bhati v. NCT Delhi reported in (2001)4 SCC 280

          wherein it has been held that with the addition of a new

          cognizable and non-bailable offence, the accused person

          becomes disentitled to the liberty earlier granted in relation to
Patna High Court CR. MISC. No.17761 of 2026(2) dt.11-05-2026
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          the offences for which the FIR came to be instituted, hence, the

          correct approach would be to apply mind afresh as to whether

          the accused persons are entitled for grant of bail in the changed

          circumstnaces or not.

                       6. Learned counsel for the petitioners, thus, submits

          that under the changed circumstances, the anticipatory bail

          would be maintainable as the petitioners, who were earlier

          enlarged on bail was with respect to bailable offence and in

          terms of the judgement of the Hon’ble Supreme Court. The

          petitioners became disentitled to the liberty earlier granted in

          relation to the offences for which the FIR came to be instituted,

          if aggravated offences are added later.

                       7. Learned A.P.P. for the State submits that from the

          order impugned, it would manifest that the learned District

          Court has not entertained the anticipatory bail application on the

          ground that petitioners earlier were granted the privilege of bail

          by the learned Trial Court when the FIR came to be instituted on

          which learned counsel appearing on behalf of the petitioners

          reiterates and submits that earlier the FIR was instituted with

          respect to bailable offences and the petitioners were granted the

          privilege of bail as a matter of right subsequently when the

          charge-sheet was submitted, it was in respect of an aggravated
           Patna High Court CR. MISC. No.17761 of 2026(2) dt.11-05-2026
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                     offence, i.e., Section 307 of the Indian Penal Code in which

                     cognizance was also taken, hence, the petitioners became

                     disentitled for the relief granted earlier, hence, the anticipatory

                     bail application is maintainable and the persons who is alleged

                     to have assaulted the wife of the informant causing grievous

                     injury is not a petitioner in the instant anticipatory bail

                     application.

                                  8. After hearing the learned counsel for the parties,

                     the Court is in complete agreement with 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 Harsidhi

                     P.S. Case No. 515 of 2020, 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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