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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail cannot be granted where the petitioner is alleged to have caused grievous injury, but may be granted where the allegations are general and the offence is not of serious nature.

Summary

The petitioners, five residents of Barh, Patna, sought anticipatory bail fearing arrest in a case under multiple sections of the Bharatiya Nyaya Sanhita alleging theft and assault on an informant’s household. The prosecution alleged that all accused entered the informant’s house, attempted theft and assaulted the informant and her family, causing injuries. The petitioners contended they were falsely implicated due to village politics and maintained clean antecedents, with the first petitioner alleged to have caused grievous injury. The court, after hearing counsel, refused anticipatory bail to petitioner No. 1 on the basis of the alleged grievous injury, but granted anticipatory bail to petitioners Nos. 2‑5 subject to a bail bond of Rs 10,000, two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that the bail be enlarged if they are arrested within eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No. 1 who is alleged to have caused grievous injury to the informant.
  • Whether anticipatory bail can be granted to petitioners Nos. 2‑5 where the allegations of assault are general and the offences are not of a serious nature.

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • village politics
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2882 of 2026
                          Arising Out of PS. Case No.-506 Year-2025 Thana- BARH District- Patna
                 ======================================================
           1.     Raushan Kumar S/O Mithlesh Paswan @ Mittal Paswan Resident of
                  Govindpur, Barh, P.S- Barh, District- Patna.
           2.    Vishal Kumar Son of Parmod Paswan Resident of Govindpur, Barh, P.S-
                 Barh, District- Patna.
           3.    Rajesh Kumar @ Rajje Paswan Son of Binda Paswan Resident of Shah
                 Salempur, Jalgobind, P.S- Barh, District- Patna.
           4.    Ravi Kumar @ Ravi Paswan Son of Suresh Das @ Suresh Paswan Resident
                 of Sah Salempur, Ibrahimpur, Barh, P.S- Barh, District- Patna.
           5.    Vicky Kumar @ Vicky Paswan Son of Suresh Paswan Resident of Sah
                 Salempur, Ibrahimpur, Barh, P.S- Barh, District- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, A.P.P.
                 For the Informant        :        Mr. Rajesh Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   22-06-2026                  Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118, 333,

                   109, 76, 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, on the alleged date and

                   time of occurrence, all the F.I.R. named accused persons,

                   including these petitioners, entered the house of informant and

                   tried to commit theft. It is further alleged that upon protest,
Patna High Court CR. MISC. No.2882 of 2026(5) dt.22-06-2026
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          these petitioners assaulted informant and her family members as

          a result of which several persons sustained injuries.

                       4. Learned counsel appearing for the petitioners are

          innocent and have committed no offence. Petitioners have

          falsely been implicated in this case due to village politics.

          Allegation of assault against petitioner nos. 2 to 5 is general and

          omnibus and injury, allegedly, caused by them is simple in

          nature. Petitioners claim clean antecedent.

                       5. Learned counsel for the informant vehemently

          opposed the bail application and submits that petitioner no. 1

          brutally assaulted informant as a result of which, she sustained

          grievous injury.

                       6. In view of the fact that petitioner no. 1 caused

          grievous injury, prayer for anticipatory bail of petitioner No.

          1 is refused.

                       7. However, considering the nature of accusation

          against petitioner Nos. 2 to 5, the anticipatory bail with regard

          to petitioner Nos. 2 to 5 is allowed and it is ordered that the

          above named petitioner Nos. 2 to 5 in the event of their

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) each with two sureties of the like
              Patna High Court CR. MISC. No.2882 of 2026(5) dt.22-06-2026
                                                          3/3




                        amount each to the satisfaction of learned Additional Chief

                        Judicial Magistrate-I, Barh (Patna) in connection with Barh P. S.

                        Case No. 506 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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