Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners, subject to a bail bond and conditions under the B.N.S.S., 2023.
Summary
The petitioners, Rahul Kumar and Raj Kishor Kumar, were named in FIR No. 367/2025 for alleged offences under the Bharatiya Nyaya Sanhita, 2023, stemming from a neighbour dispute in Arwal. They claim innocence, stating the incident arose from a misunderstanding over a missing mobile phone and that both parties later filed a joint compromise. The State opposed their bail, arguing that injuries were caused on both sides. The petitioners sought anticipatory bail, offering a bail bond of Rs.30,000 each and citing their clean antecedent. The Court, considering the petty nature of the dispute and the compromise, granted anticipatory bail subject to conditions under sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the facts of a neighbour dispute.
- Whether the conditions prescribed under sections 2(1)(d) and 482(2) of the B.N.S.S., 2023 justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115, 118, 126, 2, 3, 351, 352, 482, 74
Subjects
- anticipatory bail
- criminal procedure
- neighbour dispute
- Bharatiya Nyaya Sanhita
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30149 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- Arwal District- Arwal
======================================================
1. Rahul Kumar S/O Suryanath Paswan R/O Vill.- Sakari Chouki, P.S. and
Dist.- Arwal
2. Raj Kishor Kumar S/O Suryanath Paswan R/O Vill.- Sakari Chouki, P.S. and
Dist.- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Adv.
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Arwal P.S. Case No. 367 of 2025 lodged on
09.10.2025, for the offence punishable under Sections 126(2),
115(2), 118(1), 74, 352, 351(2) & 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
two named accused persons (the present petitioners). It has been
alleged by the informant that petitioner no.1 teased the
informant’s daughter, but later on, the matter was pacified. It has
been further alleged that when the informant’s son went to the
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market, then petitioner no.2 has assaulted him by iron bangle
causing injury on his head.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the informant’s side and the petitioners’
side are adjacent neighbours and they frequently used to visit
the house of each other. He submits that under some confusion
on the ground of missing of mobile phone, the present case has
been lodged. He submits that alleged occurrence took place
initially on 08.10.2025, but subsequently, on the very next day,
scuffling on petty issue has taken place for which the
petitioners’ side has filed a criminal case bearing Arwal P.S.
Case No. 368/2025 against the informant’s side. Counsel
submits that subsequently, both parties realized that they are
adjacent neighbours and they must not involved in such type of
dispute. In this regard, they have filed a joint compromise also.
He further submits that the petitioners have clean antecedent
and they are ready to fulfill all the conditions whatsoever shall
be imposed upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but submits that from the two FIRs, it
transpires that both parties are adjacent neighbours and on petty
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issue, they scuffled and injuries have been caused to both the
sides which are simple in nature.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of C.J.M., Arwal, in connection with Arwal P.S.
Case No. 367 of 2025, subject to the conditions as laid down
U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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