Patna High Court
Mukurdhan Rajbhar @ Makudhan RajbharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioners' clean antecedent and the circumstances of the case, anticipatory bail may be granted subject to the conditions prescribed under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, three brothers from Bakulari village, sought anticipatory bail fearing arrest in a case (Guthani P.S. Case No.395 of 2025) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners assaulted an informant with an iron rod, causing head and multiple body injuries, and fled the scene believing the victim dead. The petitioners contended they were falsely implicated due to a petty village dispute, highlighted a five‑day delay in filing the FIR, and emphasized their clean antecedent. The State opposed the grant of anticipatory bail. After considering the nature of the allegations, the delay, and the petitioners' clean record, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023, and within six weeks of surrender or arrest.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- Do the facts, including the alleged assault and the delay in filing the FIR, justify denial of anticipatory bail?
- Does the petitioners' clean antecedent warrant the grant of bail despite the serious nature of the charges?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(3), 482(2)
Subjects
- anticipatory bail
- assault
- false implication
- clean antecedent
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20873 of 2026
Arising Out of PS. Case No.-395 Year-2025 Thana- GUTHANI District- Siwan
======================================================
1. Mukurdhan Rajbhar @ Makudhan Rajbhar Son of Late Bacha Rajbhar
Resident of Village - Bakulari, P.S. - Guthani, Dist. - Siwan.
2. Ranjeet Rajbhar @ Ranjeet Kumar Rajbhar Son of Mukurdhan Rajbhar @
Makudhan Rajbhar Resident of Village - Bakulari, P.S. - Guthani, Dist. -
Siwan.
3. Manjeet Rajhbhar @ Manjit Rajbhar Son of Mukurdhan Rajbhar @
Makudhan Rajbhar Resident of Village - Bakulari, P.S. - Guthani, Dist. -
Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate.
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Guthani P.S. Case No.395 of 2025 instituted under Sections
126(2), 115(2), 118(1), 109(1), 351(3), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that all the accused persons who are petitioners have
assaulted him with iron rod due to which he sustained head
injury and also suffered multiple injuries on different parts of his
body. It is alleged that believing him to be dead, the petitioners
fled from the spot and on hearing commotion, the family
Patna High Court CR. MISC. No.20873 of 2026(2) dt.18-04-2026
2/3
members of informant taken him to hospital for treatment.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He further submits that the petitioners and informant both
are co-villagers and due to petty dispute a free fight taken place
between them. Learned counsel submits that the F.I.R. has been
lodged after delay of about 5 days without any plausible
explanation. He further submits that the injuries to the injured is
simple in nature. Learned counsel submits that petitioners have
got clean antecedent and they undertake to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioners as well as
their clean antecedent, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned J.M. 1st Class,
Siwan/ concerned Court in connection with Guthani P.S. Case
Patna High Court CR. MISC. No.20873 of 2026(2) dt.18-04-2026
3/3
No.395 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…