Patna High Court
Siyaram RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted only where the allegations do not involve grievous injury or serious offences, thus granting bail to petitioners 2 and 6 and rejecting it for the others.
Summary
The petitioners, six individuals involved in a land‑related dispute, were charged under several sections of the B.N.S. for assaulting various persons, resulting in injuries of varying severity. They applied for anticipatory bail, claiming clean antecedents and, for petitioner No.6, that no specific allegation existed against her. The State opposed the bail, highlighting the grievous nature of injuries to certain victims and the seriousness of the offences. The court examined the nature of the allegations, the extent of injuries, and the individual roles of the accused. It granted anticipatory bail to petitioners No.2 and No.6 subject to bond and surety conditions, but denied bail to petitioners No.1, 3, 4, and 5. The order was made under Section 482(2) of the B.N.S.S., emphasizing the court's discretion in bail matters.
Issues considered
- Whether anticipatory bail should be granted to all the accused in the land‑dispute assault case
- Whether the nature of the alleged injuries and offences justifies denial of bail for certain petitioners
Legislation cited
Subjects
- anticipatory bail
- land dispute
- assault
- grievous injury
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18784 of 2026
Arising Out of PS. Case No.-845 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Siyaram Rai S/O Late Sukdev Rai R/O Village- Itwa Sadpur, P.S- Amarpur,
Distt.- Banka.
2. Nitish Rai S/O Prakash Rai R/O Village- Itwa Sadpur, P.S- Amarpur, Distt.-
Banka.
3. Godan Rai S/O Late Videhi Rai R/O Village- Itwa Sadpur, P.S- Amarpur,
Distt.- Banka.
4. Shivcharan Rai S/O Late Videshi Rai R/O Village- Itwa Sadpur, P.S-
Amarpur, Distt.- Banka.
5. Nandan Rai S/O Shivcharan Rai R/O Village- Itwa Sadpur, P.S- Amarpur,
Distt.- Banka.
6. Rinku Devi W/O Prakash Rai R/O Village- Itwa Sadpur, P.S- Amarpur,
Dist.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad
For the Opposite Party/s : Mr. Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 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 126(2),
115(2), 109(1), 352, 351(2) and 3(5) of the B.N.S.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.6
is a woman and the informant alleges that on 23.11.2025 at 6
Patna High Court CR. MISC. No.18784 of 2026(2) dt.02-04-2026
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A.M. 10 named accused persons including the petitioners came
and started abusing on account of dispute relating to land, on
objection, Prakash assaulted him by lathi, thereafter Siyaram
along with Sankaj assaulted Shashibhushan by rod causing
injury on head, while Nitish, Kedar and Ankit assaulted Arjun
by lathi and Nandan, Godan and Shivcharan assaulted his father
and brother by lathi and khanti.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant on account of dispute relating to land. It is next
submitted that from side of the petitioners Amarpur P.S. Case
No.853/2025 has been instituted against the informant and his
side. It is also submitted that from the side of the petitioners also
people have suffered grievous injury.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners and submits that from perusal
of the order impugned, it would manifest that the injury suffered
by Ram Sahi Mahto and Shashi Bhushan has been opined to be
grievous in nature and Siyaram along with Sankaj are alleged to
have assaulted Shashi Bhushan while Ram Sahi Mahto is
alleged to have been assaulted by Nandan, Godan and
Shivcharan. At this stage, learned counsel for the petitioners
Patna High Court CR. MISC. No.18784 of 2026(2) dt.02-04-2026
3/3
submits that as far as Nitish Rai is concerned, he along with
Kedar and Ankit are alleged to have assaulted Arjun by lathi but
then his injury has been opined to be simple in nature and as far
as petitioner no.6 Rinku Devi is concerned, there is no specific
allegation against her.
6. After hearing the learned counsel for the parties, the
petitioner no.2 and 6, 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 learned trial court
where the case is pending/successor court in connection with
Amarpur P.S. Case No.845/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
7. The Court is not inclined to extend the privilege of
anticipatory bail to petitioner no.1, 3, 4 and 5.
8. The anticipatory bail application of the petitioner
no.1, 3, 4 and 5 is rejected.
(Satyavrat Verma, J)
amit/-
U T
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