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Patna High Court

Dinesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Dinesh Ray, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S., 2023, arising from a land dispute with the informant. He alleged that the FIR was false, being a retaliatory measure after he filed a case against the informant, and that the alleged injuries to the complainant were minor. The State opposed the bail, contending the offences were serious and the FIR was bona fide. The court examined the merits of the anticipatory bail application, the nature of the alleged offences, and the possibility of misuse of the criminal process. Relying on Section 482(2) of the B.N.S.S., the court held that anticipatory bail could be granted subject to strict conditions. Accordingly, the petitioner was ordered to be released on anticipatory bail upon furnishing bail bonds and sureties, with the usual conditions attached.

Issues considered

  • Whether anticipatory bail can be granted in a case involving offences under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S., 2023.
  • Whether the FIR is a false or malicious complaint arising from a land dispute.
  • Whether the court can exercise its inherent powers under Section 482(2) of the B.N.S.S. to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false FIR
  • land dispute
  • Section 482
  • Bihar criminal law
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18780 of 2026
                       Arising Out of PS. Case No.-16 Year-2026 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Dinesh Ray Son of Suhag Ray Resident of village - Harpur Bhindi, Ps-
                 Tajpur, Dist- Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar, Adv.
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                  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(2),

                   115(2), 109(1), 352, 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases but then both the cases

                   were instituted from the side of the informant. It is next

                   submitted that the informant alleges that she purchased land

                   from Shail Devi on 30.05.2025 and when she went on the land,

                   she saw that accused persons had tied their cow, on objection,

                   wife of petitioner along with other started abusing, on alarm,

                   Binod came to the place of occurrence when petitioner and Ram

                   Shresth also came and petitioner assaulted Binod by rod causing
Patna High Court CR. MISC. No.18780 of 2026(2) dt.02-04-2026
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          injury on head and repeated the blow causing injury on waist

          and Ramshresth assaulted by lathi causing injury on leg of

          Binod.

                       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 Tajpur P.S. Case No.

          14/2026 has been instituted from the side of the petitioner

          against the informant and others as such the instant FIR is a

          counter blast. It is also submitted that a Title Suit No.276/2025

          is pending adjudication between the parties. It is next submitted

          that on allegation of dispute relating to land the occurrence is

          alleged to have taken place. It is further submitted that even

          injury suffered by Binod is opined to be simple in nature as

          would manifest from the injury report annexed as Annexure-3 to

          the anticipatory bail application.

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

          anticipatory bail 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
             Patna High Court CR. MISC. No.18780 of 2026(2) dt.02-04-2026
                                                         3/3




                       of the like amount each to the satisfaction of the learned trial

                       court where the case is pending/successor court in connection

                       with Tajpur P.S. Case No.16/2026, subject to the conditions as

                       laid down under Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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