Patna High Court
Rajkumar ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Rajkumar Shah, Anisha Devi and Anjali Kumari, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable (B.N.S) for alleged assault during a land dispute. The prosecution alleged that the petitioners, armed with an iron rod, knife and muari, attacked the informant's family, causing injuries. The petitioners argued that the FIR was lodged after a two‑day delay, the dispute was a private land conflict, and the injuries were simple, rendering Section 109 of the B.N.S inapplicable. The court examined the delay, the nature of the injuries, and the underlying land dispute, concluding that the allegations did not justify denial of bail. Accordingly, the court granted anticipatory bail subject to a Rs.10,000 bond and two sureties, with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, 2023.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC and Section 482 B.N.S in view of the alleged assault and land dispute.
- Whether the delay in filing the FIR and the nature of injuries affect the applicability of Section 109 B.N.S.
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 109, 115, 118, 126, 3, 303, 351, 352, 482, 76
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- FIR delay
- land dispute
- assault
- Section 438 CrPC
- Section 482 B.N.S
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26456 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
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1. Rajkumar Shah Son of Binda Sah Resident of village- Madhuban Ghat P.S.-
Muffasil Dist -East Champaran
2. Anisha Devi wife of Vinay Sah Resident of village- Madhuban Ghat P.S.-
Muffasil Dist -East Champaran
3. Anjali Kumari Daughter of Rajkumar Shah Resident of village- Madhuban
Ghat P.S.- Muffasil Dist -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha,A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126 (2), 118 (1), 115 (2), 109, 76, 303
(2), 352, 351 and 3 (5) of B.N.S.
3. As per the prosecution case, petitioners and other
armed with iron rod, knife and muari came at the house of the
informant and objected the construction of house of the
informant. It is alleged that petitioner no.1 assaulted informant’s
aunt with iron rod on her head and also tried to disrobe the
informant’s wife and snatches her mangalsutra. It
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is further alleged that petitioner no. 3 assaulted informant’s
wife and bhabhi on stomach with legs.
4. Learned counsel for the petitioners, at the outset,
submits that the First Information Report has been lodged after a
delay of two days and the petitioners and the informant are own
gotias having land dispute. The First Information Report itself
indicates that the incident took place on account of a dispute
with regard to some construction work in the house and the
allegation on petitioner no. 1 is that he assaulted the informant’s
aunt, Sita Devi, with an iron rod on her head, however, the
injury report, Annexure- P/2 indicates simple injury. So far as
petitioner nos. 2 and 3 are concerned, they are female members
of the family against whom general allegation of assault have
been made. It is, thus, submitted that in the facts of the case
Section 109 of the B.N.S would not be attracted. There is case
and counter case between the parties.
5. The application for anticipatory bail is opposed
by learned A. P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering the delay in the F.I.R
coupled with a dispute between the gotias on account of land
dispute resulting in simple injury, in the event of their arrest or
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surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Muffasil P.S. Case No. 233 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
vashudha/-
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