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Patna High Court

Sudhir RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, subject to prescribed conditions.

Summary

Sudhir Rai applied for anticipatory bail fearing arrest in a case involving alleged assault, injury, and theft linked to a long‑standing land dispute. The prosecution alleged that he, along with co‑accused, assaulted the informant’s husband with a bamboo lathi, caused injuries, and stole jewellery. The petitioner argued that the injuries were minor, the dispute was civil in nature, and he was willing to cooperate, despite having three prior criminal cases. The court examined the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023, and the provisions of Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. Finding that the petitioner’s claim of innocence and the simple nature of injuries outweighed the prosecution’s concerns, the court granted anticipatory bail with a cash bond, sureties and strict conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • land dispute
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • theft
  • violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30847 of 2026
                    Arising Out of PS. Case No.-28 Year-2026 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Sudhir Rai S/o Sahdev Rai R/o Village- Simaria Bhindi, Tola Sedhi, P.S.-
                 Kalyanpur, District- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamlesh Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   06-05-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Kalyanpur P.S. Case No.28 of 2026, F.I.R dated

                   26.01.2026 registered for the offences punishable under

                   Sections 126(2), 115(2), 303(2), 110, 352, 127(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 24.01.2026 at

                   about 7:00 A.M., when the father-in-law of the informant was

                   sitting at the door of the house, all the accused persons including

                   the petitioner arrived there and started abusing him. When the

                   informant’s husband objected, the accused persons stated that he

                   was not allowing compromise in Kalyanpur P.S. Case No.

                   37/2019. Thereupon, the informant’s husband, Navin Kumar,
Patna High Court CR. MISC. No.30847 of 2026(2) dt.06-05-2026
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          stated that compromise could not be forced through assault with

          lathi. It is alleged that the petitioner, with intention to kill,

          repeatedly assaulted Navin Kumar with a dry bamboo lathi,

          causing injury to his right hand. It is further alleged that

          Navinita Kumari assaulted him on his right eye with a dry

          bamboo, resulting in fracture of the eyebrow. When the

          informant intervened to rescue her husband, co-accused Renu

          Devi and Sweta Kumari caught hold of her hair, pushed her to

          the ground and assaulted her with bricks. Further allegation

          against co-accused Sweta Kumari is that she snatched the

          informant’s golden jhumka worth Rs.4 lakhs, while co-accused

          Renu Devi took away silver payal worth Rs.15,000/-.

                      4. Learned counsel for the petitioner submits that both

          the parties are full brothers and there are several cases and

          counter cases between them on the issues of long standing land

          dispute, and though, there is allegation of assaulting the

          informant on his head, the injuries have been found to be simple

          in nature and the petitioner is ready to cooperate with the

          investigation as and when required. It is next submitted that

          petitioner has three criminal antecedent but is on bail in all the

          said cases.

                      5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.30847 of 2026(2) dt.06-05-2026
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          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner is innocent, there are several cases and

          counter cases between them on the issues of long standing land

          dispute and the injuries sustained by the informant is simple in

          nature. Accordingly, this Court is inclined to grant the privilege

          of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned C.J.M., Samastipur, in connection

          with Kalyanpur P.S. Case No.28 of 2026, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two
           Patna High Court CR. MISC. No.30847 of 2026(2) dt.06-05-2026
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                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.

                                  (v) the petitioner(s) shall maintain peace and harmony

                     with the informant and in case of there being any allegation of

                     committing the similar offence and, on finding substance in

                     such allegation, the Police or the informant will be at liberty to

                     take recourse for cancellation of the bail bonds of the petitioner.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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