Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 126(2), 303(2), 333, 3(5), 76
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
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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/-
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