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Patna High Court

Ravindra MistryversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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
                                                         4/4




                       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/-

U        T


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