Patna High Court
Anil DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail may be granted where allegations are vague and similarly situated co‑accused have been released, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, three brothers from Gambhirpur, sought anticipatory bail fearing arrest in a case (Warisaliganj PS Case No. 444 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023 relating to an assault on an informant over a land‑dispute. The prosecution alleged that the petitioners, along with other accused, attacked the informant’s house and caused injuries, while the petitioners contended that they were falsely implicated and that no specific allegation was made against them except a minor snatching claim against one brother. The petitioners highlighted that seven co‑accused had already been granted anticipatory bail by the same court in a related order. The State opposed the relief, arguing the seriousness of the offences. The court, noting the vague and doubtful nature of the allegations and the precedent of bail to similarly situated co‑accused, exercised its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail, subject to a cash bond and surety conditions. Consequently, the petitioners were released on bail if arrested or surrendered within eight weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 when the allegations against the petitioners are vague and unspecific.
- Whether the grant of anticipatory bail to other co‑accused in the same matter warrants a similar relief to the petitioners.
- Whether the conditions imposed (bond, sureties, attendance) are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 190, 191, 303, 351, 352, 482, 49
Subjects
- anticipatory bail
- vague allegations
- land dispute
- assault
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30292 of 2026
Arising Out of PS. Case No.-444 Year-2025 Thana- WARISLIGANJ District- Nawada
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1. Anil Das S/o Late Balmiki Das Resident of village- Gambhirpur, P.s-
Warisaliganj, District -Nawada.
2. Lalan Das S/o Late Balmiki Das Resident of village- Gambhirpur, P.s-
Warisaliganj, District -Nawada.
3. Bikki Kumar S/o Late Balmiki Das Resident of village- Gambhirpur, P.s-
Warisaliganj, District -Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners are
apprehending their arrest in connection with Warisaliganj P.S.
Case No. 444 of 2025 registered for the alleged offence under
Sections 191(2), 190, 115(2), 49, 109, 352, 351(2), 303(2) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons came to the doors of the informant and they
were variously armed. They assaulted the informant and his
family members causing injuries to them. The occurrence took
place in the background of dispute over transfer of land by father
Patna High Court CR. MISC. No.30292 of 2026(2) dt.08-05-2026
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of the informant in the name of co-accused Sunta Devi and
according to the informant, an amount of Rs. 3,50,000/- is yet to
be paid by Sunita Devi.
04. Learned counsel for the petitioners submits that
petitioners are innocent and they have been falsely implicated in
this case. There is no specific allegation against the petitioners
except for petitioner no 3 against whom there is allegation of
snatching Rs. 500/- from the brother of the informant. Otherwise,
allegations are general and omnibus against the petitioners and
other co-accused persons and no specific role has been assigned
to the petitioners. The injuries of the injured persons are simple
in nature and caused by hard and blunt substance. There is
counter version and Warisaliganj P.S. Case No. 450 of 2025 has
been registered against the present informant and others. Learned
counsel further submits that considering the fact, altogether
seven co-accused persons have been granted anticipatory bail by
a learned Coordinate Bench of this Court vide order dated
19.03.2026 passed in Criminal Misc. No. 92041 of 2025. The
petitioner nos. 1 and 2 are having antecedent of one case whereas
petitioner no. 3 is having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.30292 of 2026(2) dt.08-05-2026
3/3
submission made on behalf of the parties and considering the
vague and doubtful nature of allegation against the petitioners
and also considering the grant of anticipatory bail to other
similarly placed co-accused persons, let the petitioners above
named, in the event of their arrest or surrender before the court
concerned within a period of eight weeks from today, be released
on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Additional Chief Judicial
Magistrate-IV, Nalanda/court concerned in connection with
Warisaliganj P.S. Case No. 444 of 2025, subject to the condition
laid down under Section 482(2) of BNSS and other following
conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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