Patna High Court
Pintu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners subject to the conditions specified under the BNSS.
Summary
Petitioners Pintu Rai and Jeyee Rai sought anticipatory bail in connection with a FIR alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, arising from a land dispute. The State opposed bail, citing the seriousness of the alleged offences and the petitioners' criminal antecedents. The petitioners argued that the case stemmed from a private land dispute and that they were innocent. The Court examined the applicability of anticipatory bail under Section 2(1)(d) and the discretion under Section 482(2) of the BNSS. Considering the circumstances, the Court ordered that the petitioners be released on anticipatory bail, subject to a bond of Rs.30,000 each and specific conditions including appearance before the trial court and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 despite the alleged offences.
- Whether the petitioners' prior criminal antecedents and the nature of the land dispute preclude the grant of bail.
- What conditions may be imposed under Section 2(1)(d) and Section 482(2) of the BNSS when granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 163, 2(1)(d), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 2(1)(d)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36075 of 2026
Arising Out of PS. Case No.-291 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Pintu Rai Son of Jeyee Rai @ Jayi Rai Resident Of Village -Dhangarha,
Dumariyaghat PS -Dumariyaghat, Dist -East Champaran
2. Jeyee Rai @ Jayi Rai son of Ram Dayal Rai Resident Of Village
-Dhangarha, Dumariyaghat PS -Dumariyaghat, Dist -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners who apprehend arrest in connection
with Dumariyaghat P.S. Case No. 291 of 2025, lodged on
10.10.2025, for the offences punishable under sections 126(2),
115(2), 117(2), 109, 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
4. As per the prosecution, the F.I.R. has been lodged
Patna High Court CR. MISC. No.36075 of 2026(2) dt.02-06-2026
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against five named accused persons including the present
petitioner with allegation that the accused persons were
preparing the house on the share of the informant and when
informant requested to stop the work, then they all attacked due
to which injury has been caused.
5. Learned Counsel for the petitioners submits that
the petitioners are innocent and have committed no offence.
Counsel submits that from the content of the FIR it is crystal
clear that the informant and accused petitioners are Gotiya and
land dispute is going on between them. Counsel further submits
that Annexure-2 is the case filed before the SDO, bearing Case
No.593 M/2025 under Section 163 of the BNSS between the
parties. Counsel further submits that petitioner No.1 has one
criminal antecedent and petitioner No.2 has two criminal
antecedents, but it is admitted that land dispute is going on
between the Gotiyas, which is resulted into scuffling and present
case has been filed. Counsel further submits that petitioners are
ready to fulfill all the conditions whatsoever shall be imposed
upon them.
6. Learned APP for the State opposes the prayer for
bail of the petitioners but submits that from the content of
Annexures-1 and 2, it transpires that they are Gotiya and land
Patna High Court CR. MISC. No.36075 of 2026(2) dt.02-06-2026
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dispute is going on between them.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of learned Chief Judicial Magistrate, Motihari, East
Champaran, in connection with Dumariyaghat P.S. Case No.
291 of 2025, subject to the conditions as laid down U/s 482(2)
of the BNSS, 2023 and further conditions that:
(i). One of the bailor shall be the relative of the
petitioners;
(ii) The petitioners 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 their bail bonds by the Trial Court itself;
(iii) The Trial Court shall verify the criminal
antecedent of the petitioners and in case at any stage it is found
that the petitioners have concealed their criminal antecedent, the
Trial Court shall take step for cancellation of bail bond of the
petitioners. However, the acceptance of bail bonds in terms of
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the above mentioned order shall not be delayed for purpose of
or in the name of verification.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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