Patna High Court
Raj Kishor RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Raj Kishor Ray and Bablu Kumar, sought anticipatory bail in a case alleging offences under IPC sections 147, 148, 324, 307 and 34, arising from a land dispute with the informant. The prosecution claimed the petitioners entered the informant’s courtyard, assaulted persons with weapons and caused property damage on 25‑03‑2024. The petitioners argued they were falsely implicated due to an ongoing land dispute, a pending counter‑case and a partition suit, and that the injuries were minor. The court noted the existence of a counter‑case and partition suit, and considered the lack of strong material against the petitioners. Consequently, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging serious offences under the IPC.
- Whether the pending land dispute, counter‑case and partition suit affect the merit of the anticipatory bail application.
- Whether the conditions of Section 438(2) CrPC and Section 482(2) BNSS, 2023 are satisfied.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 148, 307, 324, 34
Subjects
- anticipatory bail
- land dispute
- false implication
- IPC offences
- partition suit
- Criminal Procedure Code
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24118 of 2026
Arising Out of PS. Case No.-199 Year-2024 Thana- SAKRA District- Muzaffarpur
======================================================
1. Raj Kishor Ray S/o Lakshman Ray R/o Village - Raypur, P.S - Sakra,
District - Muzaffarpur
2. Bablu Kumar S/o Rajkishor Ray R/o Village - Raypur, P.S - Sakra, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Aggarwal, Sr. Adv.
: Mr. Raju Kumar, Adv.
: Mr. Shubham Samrat, Adv.
For the Opposite Party/s : Mr. Kalyan Shankar, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 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 Sakra Police Station Case No. 199 of 2024,
disclosing offences under Sections 147, 148, 324, 307, 34 of the
Indian Penal Code.
3. The prosecution alleges that on 25.03.2024, the
accused persons unlawfully entered the informant’s courtyard,
assaulted several individuals with weapons causing head
injuries, restrained victims, and damaged household property.
4. Learned Counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated
Patna High Court CR. MISC. No.24118 of 2026(2) dt.22-04-2026
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due to ulterior motives. Both the parties are agnates having
previous land dispute. It is further submitted that a counter-case,
bearing Sakra P.S. Case No. 205 of 2024, on similar allegations
has been instituted, wherein the police, after investigation, did
not find sufficient material to send the petitioners for trial,
however, the learned Magistrate has taken cognizance contrary
to the charge-sheet. A partition suit bearing No. 980 of 2024 is
also pending between the parties. The present FIR has been
lodged after a delay of two days. The injuries sustained are
simple in nature.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are agnates having land dispute between them,
there is case and counter case and partition suit is pending
between the parties, 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 four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class
Patna High Court CR. MISC. No.24118 of 2026(2) dt.22-04-2026
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(East) Muzaffarpur, in connection with Sakra Police Station
Case No. 199 of 2024, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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