Patna High Court
Anil RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the BNSS.
Summary
The petitioner, Anil Rajvanshi, sought anticipatory bail fearing arrest in a case (PS Case No. 753 of 2024) that alleged offences under several sections of the BNS, 2023. He asserted that he has a clean record and that the informant’s allegations of assault on the informant’s family members are false, arising from a dispute over a passage. The State opposed the bail, contending the seriousness of the alleged offences. The Court examined the petitioner's claim of false implication and his lack of prior criminal history, and considered the discretion under Section 482(2) of the BNSS. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the usual conditions, and directed that the order be complied with by the trial court.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS despite the serious nature of the alleged offences.
- Whether the petitioner’s claim of false implication and clean antecedent justify the grant of bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
Subjects
- anticipatory bail
- false implication
- assault
- Section 482
- bail conditions
- criminal procedure
- dispute over passage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18407 of 2026
Arising Out of PS. Case No.-753 Year-2024 Thana- WAJIRGANJ District- Gaya
======================================================
Anil Rajvanshi S/O Ramsaran Rajvanshi R/O Vill.- Pathula, P.S.- Wazirganj,
Dist.- Gaya, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126, 115,
118, 109, 74, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 06.10.2024 at 07:00 PM, accused Lav Kush
Rajvanshi assaulted his wife by gandasa causing injury on head
while petitioner assaulted his son by an iron rod (khanti) causing
injury on head and Rinki, Pinki along with Reeta assaulted his
daughter-in-law and Pinki snatched her chain.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is next submitted that no reason for the occurrence
Patna High Court CR. MISC. No.18407 of 2026(2) dt.01-04-2026
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is alleged. It is also submitted that petitioner and the informant
and neighbours and are having dispute relating to passage. It is
further submitted that no doubt allegation is of assaulting the
son of the informant by khanti causing injury on head, but then
the injury has been opined to be simple and the blow is not
alleged to be repeated and petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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) 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 Wazirganj P.S. Case No. 753 of 2024 subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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