Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioners with conditions under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.
Summary
The petitioners, who are close relatives of the informant, sought anticipatory bail after the police registered a FIR alleging that they, armed with weapons, entered the informant’s house, assaulted his sons, molested his wife, and looted valuables. The petitioners argued that the FIR was lodged six days after the incident, the injuries to the informant’s sons were simple, and the dispute was essentially a family quarrel. The State opposed the bail, contending that the offences listed under the Bihar Negotiable (B.N.S.S.) are serious, including sections relating to assault, robbery and criminal intimidation. The Court examined the nature of the injuries, the delay in filing the FIR, and the familial relationship, and concluded that the circumstances did not warrant denial of bail. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and the condition that the petitioners surrender within four weeks if arrested, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged in the FIR.
- Whether the delay in lodging the FIR and the simple nature of injuries justify bail.
- Whether the familial relationship and intra‑family dispute affect the grant of bail.
Legislation cited
- B.N.S.S. — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 331(3), 351(2), 352, 482(2), 76
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- family dispute
- assault
- FIR delay
- simple injuries
- Criminal Procedure Code
- Bihar Negotiable S.S.
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23408 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- KHUDAGANJ District- Nalanda
======================================================
1. Rajeev Kumar S/O Sadhu Yadav R/O vill - Khudaganj,P.S - Khudaganj,Dist
- Nalanda
2. Sadhu Yadav S/O Badri Yadav R/O vill - Khudaganj,P.S - Khudaganj,Dist -
Nalanda
3. Badri Yadav S/O Late Mahadeo Yadav R/O vill - Khudaganj,P.S -
Khudaganj,Dist - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lovekush Kumar, Advocate
For the State : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
connection with Khudaganj P.S. Case No. 203 of 2025 in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 331(3), 109, 76, 303(2),
352 and 351(2) of the BNS.
3. As per the prosecution case, on 15.12.2025, the
accused persons armed with weapons forcibly entered into the
informant’s home and brutally assaulted his sons with a pistol
butt and axes leaving them unconscious and severely injured. It
is further alleged that the accused persons molested the
informant’s wife, robbed her jewelry and looted Rs. 80,000/-
Patna High Court CR. MISC. No.23408 of 2026(2) dt.18-04-2026
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cash along with valuables and documents.
4. Learned counsel for the petitioners, at the outset,
submits that the petitioners and the informant belong to the
same family and while petitioner no. 1 is the nephew of the
informant, petitioner nos. 2 and 3 are the brother and father of
the informant. It has also been submitted that the FIR was
lodged after delay of six days and the case filed on behalf of the
petitioner no. 1 was prior to the present case in the point of time
(Annexure-2). It has further been submitted that the injuries
were sustained by members of both the sides and the injuries
sustained by the sons of the informant who are the injured of
the present case are simple in nature which would be evident by
Annexure-3 series.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and circumstances
and also considering the fact that the present case is an outcome
of a dispute within the family and the injuries are simple in
nature, let the above named petitioners, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.23408 of 2026(2) dt.18-04-2026
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each with two sureties of the like amount each to the satisfaction
of the learned court below where the case is pending/successor
court in connection with Khudaganj Town P.S. Case No. 203 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
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