Patna High Court
Dashrath DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners – Dashrath Das, Ranjan Kumar, Pankaj Das and Ashish Kumar – applied for anticipatory bail in connection with FIR No.151 of 2025, which alleges that they assaulted the informant, his wife, son and grandson over a land‑dispute. The FIR charges them under several sections of the Bhartiya Nyaya Sanhita, 2023, including offences of assault, grievous hurt and attempt to murder. The petitioners contended that they are close relatives of the informant, the dispute is civil in nature, and there is no specific allegation against three of them, while only Ashish Kumar is alleged to have assaulted the informant’s son and grandson. The Court examined the familial relationship, the existence of a counter‑case (Case No.152 of 2025), and the seriousness of the allegations. Finding that the circumstances warranted the grant of bail, the Court ordered anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the application for anticipatory bail was allowed and bail bonds were directed to be furnished.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita, 2023
- Whether the familial relationship and the pending counter‑case justify the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 110, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- assault
- criminal law
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2339 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- BARAHAT District- Banka
======================================================
1. Dashrath Das S/o Huro Das Resident of vill- Bhurna, P.S- Barahat, Distt.-
Banka, Bihar
2. Ranjan Kumar @ Ranjan Das S/o Dashrath Das Resident of vill- Bhurna,
P.S- Barahat, Distt.- Banka, Bihar
3. Pankaj Das S/o Dashrath Das Resident of vill- Bhurna, P.S- Barahat, Distt.-
Banka, Bihar
4. Ashish Kumar @ Ashish Kumar Das @ Ashish Das S/o Pankaj Das
Resident of vill- Bhurna, P.S- Barahat, Distt.- Banka, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 28-01-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Barahat Police Station Case No. 151 of 2025, dated
19.05.2025, disclosing offences punishable under
Sections 126(2)/ 115(2)/ 110/ 117(2)/ 303(2)/ 352/ 351(2)/
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 18.05.2025, in the morning, while the informant
was working in his field, the petitioners, along with other
Patna High Court CR. MISC. No.2339 of 2026(2) dt.28-01-2026
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co-accused persons, arrived there and stopped him from
working on the said land. When the informant protested,
co-accused Sanjay Das assaulted the informant with iron
rod on his head, due to which he sustained injury. Co-
accused Ruchi Devi assaulted the informant’s wife with
lathi/danda and Vikash Das and Ashish Kumar (petitioner
no. 4) assaulted the informant’s son and grandson with
lathi and danda.
4. Learned Counsel for the petitioners submits that the
petitioner no. 1 is the own brother of the informant and
the petitioner nos. 2 and 3 are nephew of the informant.
There is land dispute between the parties for partition of
ancestral property. A counter case has been lodged by the
side of the petitioners against the informant and others,
bearing Barahat Police Station Case No. 152 of 2025. The
injury sustained by the informant is grievous in nature,
but the same is not attributable to the petitioners. There is
no specific allegation against the petitioner nos. 1, 2 and
3. The allegation of assault is there against petitioner no.
4 to the extent that he, along with co-accused Vikash Das,
assaulted the grandson and son of the informant. The
grandson of the informant has sustained injury on his
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hand, which is grievous in nature.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are closely related, there is land dispute
between the parties and case and counter case is also
there, I am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Banka,
in connection with Barahat Police Station Case No. 151
of 2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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