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Patna High Court

Anil RajvanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS, 2023 — s. 109, 115, 118, 126, 303(2), 3(5), 351(2), 352, 74
  • BNSS — s. 482(2)

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
                                                        2/2




                      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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