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Patna High Court

Anil DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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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