Patna High Court
Gena RaiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to petitioner No.1, while bail was granted to the other petitioners subject to bond and conditions.
Summary
The petitioners sought anticipatory bail in a case (Akilpur P.S. Case No. 80 of 2025) involving alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including assault with a sword. The FIR alleged that petitioner No.1, Gena Rai, had grabbed the informant’s father‑in‑law, leading to a sword attack, while the other petitioners faced only general, omnibus allegations linked to a land dispute. The State opposed bail, emphasizing the specific allegation against petitioner No.1. The court, applying Section 2(1)(d) and Section 482(2) of the B.N.S.S., granted bail to all petitioners except Gena Rai, imposing a bond of Rs.30,000 each, and rejected the anticipatory bail request for petitioner No.1. The order was delivered virtually by Justice Dr. Anshuman.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 under the specific allegations of assault and injury.
- Whether bail can be granted to the remaining petitioners despite only general allegations.
- Application of Section 2(1)(d) and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 2(1)(d), 303(2), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- section 482
- land dispute
- omnibus allegation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36207 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- AKILPUR District- Saran
======================================================
1. Gena Rai S/o Late Sant Lal Rai Resident of Village- Manas, P.S- Akilpur,
District- Saran.
2. Ranjan Kumar @ Baharan Rai @ Bablu Kumar S/o Gena Rai Resident of
Village- Manas, P.S- Akilpur, District- Saran.
3. Ravindra Kumar @ Ravindra Rai @ Budhan Rai @ Ravindra S/o Gena Rai
Resident of Village- Manas, P.S- Akilpur, District- Saran.
4. Ranjita Kumari D/o Gena Rai Resident of Village- Manas, P.S- Akilpur,
District- Saran.
5. Abhishek Rai @ Abhishek Kumar S/o Lal Babu Rai Resident of Village-
Manas, P.S- Akilpur, District- Saran.
6. Vishal Kumar S/o Lal Babu Rai Resident of Village- Manas, P.S- Akilpur,
District- Saran.
7. Mukuradhan Rai @ Mukuraghan Rai Late Thana Pati RAi Resident of
Village- Manas, P.S- Akilpur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, 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 are apprehending arrest in
connection with Akilpur P.S. Case No. 80 of 2025 lodged on
Patna High Court CR. MISC. No.36207 of 2026(2) dt.02-06-2026
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13.08.2025, for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) &
351(3) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution, FIR has been lodged against
ten named accused persons including the present petitioners.
The specific allegation against the petitioner no.1 is that he
grabbed the informant’s father in law from behind and co-
accused attacked him with a sword on his head, due to which,
the informant’s father in law sustained injury. The other accused
persons have also assaulted the informant’s family members.
5. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence. He
submits that the informant and the petitioners are resident of the
same village and there is a land dispute going on between the
parties. Counsel submits that there is a general and omnibus
allegation against all the accused persons. He further submits
that the petitioners have clean antecedent and they 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 and submits that as per the FIR, there is a
specific allegation against the petitioner no.1 that he caught hold
Patna High Court CR. MISC. No.36207 of 2026(2) dt.02-06-2026
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of the informant’s father in law due to which, the co-accused
attacked him, causing head injury. Against other accused
persons, there is a general and omnibus allegation.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners except petitioner no.1
be released on 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) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Judicial Magistrate 1st Class, Saran at Chapra, in
connection with Akilpur P.S. Case No. 80 of 2025, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
8. This Court is not inclined to grant bail to the
petitioner no.1 namely, Gena Rai. Accordingly, the prayer for
anticipatory bail of the petitioner no.1 stands rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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