Patna High Court
Bhikhari SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to bail subject to a bond of Rs.30,000 and compliance with Section 482(2) of the B.N.S.S., 2023.
Summary
Bhikhari Singh was arrested in connection with a case alleging assault with an iron rod and other weapons during a land measurement dispute with an informant, both belonging to the Gotia community. The petitioner claimed innocence, asserting that a reciprocal case and counter‑case existed and that the informant’s injury was minor. The State opposed bail, noting the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. The court considered the petitioner’s clean antecedent, the existence of a parallel case, and the nature of the injury. Applying the provisions of the B.N.S.S., 2023, the court ordered bail on the condition of a bond of Rs.30,000 and compliance with Section 482(2). The bail order is conditional upon surrender or arrest within four weeks.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Sections 126(2), 115(2), 109, 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Gotia community
- section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36246 of 2026
Arising Out of PS. Case No.-475 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Bhikhari Singh S/O Sugriva Singh R/O Village- Zorawarpur, P.S- Akodhi
Gola, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, 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 petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Akodhigola P.S. Case No. 475 of 2025 lodged on
11.12.2025, for the offence punishable under Sections 126(2),
115(2), 109, 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
4. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner. It
has been alleged that all the accused persons came and abused
the informant and then, the petitioner has assaulted the
Patna High Court CR. MISC. No.36246 of 2026(2) dt.02-06-2026
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informant by iron rod on his head, due to which, he sustained
injury. Thereafter, other accused persons have also assaulted the
informant by lathi, danda, fist.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that the informant and the petitioner, both are gotia and agnates
and due to measurement of land, dispute occurred between
them. Counsel submits that for the same date and place of
occurrence, there are case and counter case filed from both the
sides and injuries have been caused to both the sides. He further
submits that the injury report of the informant is annexed as
Annexure-P/2, which shows that the injury is simple in nature.
He further submits that the petitioner has clean antecedent.
6. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the informant and
the petitioner, both are gotia/agnates and due to measurement of
land, dispute occurred between them. In addition to that there is
also case and counter case filed from both the sides.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner 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
Patna High Court CR. MISC. No.36246 of 2026(2) dt.02-06-2026
3/3
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of S.D.J.M.,
Dehri, Rohtas, in connection with Akodhigola P.S. Case No. 475
of 2025, subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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