Patna High Court
Ravindra MistryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court denied anticipatory bail to Raj Kumar but granted it to Ravindra Mistry with conditions.
Summary
The petitioners, Ravindra Mistry and Raj Kumar, sought anticipatory bail under Section 438 of the CrPC in connection with an FIR (Alipur PS Case No. 49 of 2024) alleging offences under Sections 341, 323, 325, 307, 504, 506 and 34 of the IPC arising from a land‑dispute‑related assault. The FIR contains an omnibus allegation against both accused and a specific allegation that Raj Kumar fractured the victim's left hand. The court examined the nature of the allegations, the clean record and age of Ravindra Mistry, and the specific assault charge against Raj Kumar. It rejected Raj Kumar's anticipatory bail application, finding the specific allegation sufficient to deny bail. Conversely, the court granted anticipatory bail to Ravindra Mistry, imposing a bail bond of Rs.10,000 with two sureties and a series of conditions, including regular appearance before police and the trial court, non‑interference with witnesses, and abstention from further offences.
Issues considered
- Whether the presence of an omnibus allegation against all accused justifies granting anticipatory bail to each petitioner.
- Whether the specific allegation of assault causing a fracture against Raj Kumar precludes anticipatory bail under Section 438 CrPC.
- Whether the age and clean criminal record of Ravindra Mistry warrant the grant of anticipatory bail despite the omnibus allegation.
Legislation cited
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 307, 323, 325, 34, 341, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- land dispute
- assault
- bail conditions
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31257 of 2026
Arising Out of PS. Case No.-49 Year-2024 Thana- ALIPUR District- Gaya
======================================================
1. Ravindra Mistry Son of Late Narsing Mistry Resident of Village- Rupaspur
Math, P.S.- Alipur, District- Gaya
2. Raj Kumar Son of Ravindra Mistry Resident of Village- Rupaspur Math,
P.S.- Alipur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Alipur P.S. Case No. 49 of 2024 instituted
under Sections 341, 323, 325, 307, 504, 506 and 34 of the
Indian Penal Code lodged on 04.04.2024 by the informant,
Sarita Devi.
3. As per the prosecution story, the informant alleged
that due to land dispute, the accused persons firstly abused and
then assaulted. The omnibus allegation against all the accused
persons of assault and then specific allegation is against Raj
Kumar that assaulted Pawan on the head, as tried to escape, his
left hand was fractured. This led to the FIR.
Patna High Court CR. MISC. No.31257 of 2026(2) dt.07-05-2026
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4. Learned counsel for the petitioners submit that
perusal of the FIR would show that there is omnibus allegation
against all the accused persons and further so far as the assault
made by Raj Kumar is concerned, it is simple.
5. Learned APP opposes the prayer submitting that the
learned Sessions Judge order shows that fracture has been
reported so far as Pawan’s injury is concerned.
6. Considering the submissions of the parties, so far as
the petitioner no.2 is concerned, in view of the allegation that
has come against him, the anticipatory bail application stands
rejected.
7. So far as petitioner no. 1, Ravindra Mistry is
concerned, omnibus allegation is there, is an aged person having
no criminal antecedent, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner, Ravindra Mistry be released on
bail, in the event of their arrest or surrender before the
concerned court within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each in
connection with Alipur P.S. Case No. 49 of 2024 to the
satisfaction of learned A.C.J.M.-6, Gaya subject to the
Patna High Court CR. MISC. No.31257 of 2026(2) dt.07-05-2026
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conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner, Ravindra Mistry who shall
provide official document (Aadhar Card/Driving License/Voter
ID/Pan Card etc.) to show his/her bona fide;
(ii) The petitioner, Ravindra Mistry shall be
appearing before the police station as and when required for
cooperating in the investigation;
(iii) the petitioner, Ravindra Mistry shall appear on
each and every date before the Trial Court and failure to do so
for two consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner, Ravindra Mistry shall appear
before the concerned police station every fortnight for next six
months to mark their attendance and at the end of the period a
certificate be submitted before the Trial Court failing which the
State shall be at liberty to take steps for cancellation of bail
bonds;
(v) the petitioner, Ravindra Mistry 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
Patna High Court CR. MISC. No.31257 of 2026(2) dt.07-05-2026
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for cancellation of the bail bonds;
(vi) the petitioner, Ravindra Mistry shall desist from
committing any criminal offence again, failing which the State
shall be at liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
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