Patna High Court
Byas Rai @ Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted to the petitioner subject to a bond and compliance with conditions under the B.N.S.S., 2023.
Summary
The petitioner, Byas Rai, was implicated in a case (PS No.603/2024) for alleged assault on an informant while grazing buffaloes, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed the land was his, not the informant's, and that the incident stemmed from a land dispute, asserting innocence and a clean record. The State opposed bail, arguing the scuffle was a criminal act. The court considered the nature of the dispute, the minor injuries, and the petitioner’s antecedents, and granted anticipatory bail subject to a bond of Rs.30,000 and specific conditions, including a family bailor and regular court appearances. The bail order was conditioned on compliance with Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault and related charges
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 303(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- B.N.S.S. 2023
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32120 of 2026
Arising Out of PS. Case No.-603 Year-2024 Thana- DARIYAPUR District- Saran
======================================================
Byas Rai @ Saroj Kumar S/o Rameshwar Rai R/o Village- Rampur Jagdish,
P.S- Dariyapur, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Adv.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Dariyapur P.S. Case No. 603 of 2024 lodged on
24.10.2024, for the offence punishable under Sections 126(2),
115(2), 303(2), 109, 352 & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioner. It
has been alleged that the petitioner was grazing his buffallo in
the informant’s field and when the informant opposed the same,
then the petitioner has assaulted the informant by lathi due to
which, injury has been caused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the field in which the buffallo was grazing is not of
Patna High Court CR. MISC. No.32120 of 2026(2) dt.07-05-2026
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the informant, but it is of the petitioner and it is a land dispute,
due to which, the alleged occurrence took place. He submits that
the injury report has been attached and it transpires from the
injury report that the injuries are simple in nature. He further
submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that on petty dispute, the
scuffling took place.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Judicial Magistrate 1st Class, Saran, in connection
with Dariyapur P.S. Case No. 603 of 2024, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with
further conditions:-
(i) one of the bailors should be the family member of
the petitioner who shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear before the Trial Court
Patna High Court CR. MISC. No.32120 of 2026(2) dt.07-05-2026
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on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of his bail bonds by the Trial Court
itself;
(Dr. Anshuman, J)
Divyansh/-
U T
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