Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court was not inclined to grant privilege given the serious nature of the allegations.
Summary
The petitioners, a group of relatives from Raghopur village, filed an anticipatory bail application fearing arrest in connection with PS‑Chiraiya Case No. 281 of 2025, which alleged offences under several sections of the B.N.S., 2023, including assault causing grievous injury. The prosecution alleged that the petitioners, along with co‑accused Anoj Kumar, assaulted the informant’s husband with a tractor, lathis and a farsa, resulting in serious injuries, and also accused them of land grabbing. The petitioners contended that they were innocent, claimed the case was a retaliatory “counter‑blast” to an earlier FIR lodged by Anoj Kumar, and highlighted a 23‑day delay in filing the FIR. The State opposed the bail, emphasizing the seriousness of the assault and the injuries sustained. Considering the gravity of the allegations, the Court declined to grant anticipatory bail, directing the petitioners to surrender within four weeks and to seek regular bail thereafter.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite serious assault allegations
- Whether the delay in lodging the FIR affects the grant of anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 109, 111, 115(2), 118(2), 119(1), 126(2), 127(1), 190, 191(2), 191(3)
Subjects
- anticipatory bail
- assault
- grievous injury
- criminal procedure
- B.N.S. 2023
- FIR delay
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3897 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
1. Sanoj Kumar S/O Harendra Rai R/O Vill.- Raghopur, P.S.- Chiraiya, Dist.-
East Champaran
2. Vinod Rai S/O Harendra Rai R/O Vill.- Raghopur, P.S.- Chiraiya, Dist.- East
Champaran
3. Harendra Rai S/O Late Budan Rai R/O Vill.- Raghopur, P.S.- Chiraiya,
Dist.- East Champaran
4. Vibhakar Kumar S/O Vinod Rai R/O Vill.- Raghopur, P.S.- Chiraiya, Dist.-
East Champaran
5. Abhirakha Rai S/O Late Bibhu Rai R/O Vill.- Raghopur, P.S.- Chiraiya,
Dist.- East Champaran
6. Amar Rai S/O Late Solaha Rai R/O Vill.- Kathkuiya Purvi Tola, P.S.-
Chiraiya, Dist.- East Champaran
7. Bharat Rai S/O Late Solaha Rai R/O Vill.- Kathkuiya Purvi Tola, P.S.-
Chiraiya, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in connection
with Chiraiya P.S. Case No. 281 of 2025, registered for the
offence under Sections 109, 111, 115(2),118(2), 119(1), 126(2),
127(1), 190, 191(2), 191(3) of the B.N.S., 2023.
3. As per prosecution case, petitioners and other
accused persons are alleged to have assaulted the informant’s
husband. Co-accused Anoj Kumar tried to crush the informant’s
husband by tractor and thereafter all the accused persons armed
with lathi, farsa started assaulting to him as a result he sustained
Patna High Court CR. MISC. No.3897 of 2026(3) dt.24-02-2026
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grievous injury. There is also allegation against the petitioners
are of capturing the land of the informant
4. Learned counsel for the petitioners submits that
petitioners are innocent and have not committed any offence.
The present case is counter blast of Chiraiya P.S. Case No.
238/2025 lodged by accused Anoj Kumar against husband of the
informant, namely Bihari Rai. There is delay of 23 days in
lodging the FIR.
5. Learned A.P.P. has vehemently opposed the prayer
for bail and submits that petitioners have assaulted the husband
of the informant due to which he sustained grievous injury.
6. Considering the serious allegation levelled against
the petitioners, this Court is not inclined to grant privilege of
anticipatory bail to the petitioners.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioners are hereby rejected.
8. The petitioners are directed to surrender within four
weeks from today and pray for regular bail.
(Sandeep Kumar, J)
Ranjeet/-
U T
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