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Patna High Court

Ranjay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of evidence linking the petitioners to the head injury and given the general nature of the assault allegations, the court granted anticipatory bail subject to conditions.

Summary

The petitioners Ranjay Singh, Raju Paswan and Vijay Paswan were named in an FIR for assaulting an informant, alleged to have caused head and bodily injuries under several sections of the Bhartiya Nyay Sanhita, 2023. They contended that the case was false, asserting that the head injury was inflicted by another accused, Rajaram Paswan, and that the allegations against them were vague. The State opposed their prayer for anticipatory bail. The court examined the medical report, noting only two injuries – a head wound attributed to Rajaram Paswan and a bruise on the back – and found no direct evidence linking the petitioners to the serious injury. Consequently, the court directed that the petitioners be granted anticipatory bail, subject to a bail bond and sureties, and to be enlarged on bail if arrested within four weeks, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioners can be held liable for the offences alleged under the Bhartiya Nyay Sanhita based on the FIR facts.
  • Whether anticipatory bail should be granted to the petitioners in view of the evidentiary material.
  • Whether the head injury alleged in the FIR can be attributed to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • false case
  • evidentiary insufficiency
  • Bhartiya Nyay Sanhita
  • Cr.P.C. Section 438
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40048 of 2026
                    Arising Out of PS. Case No.-122 Year-2026 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Ranjay Singh S/o Gauri Shankar Singh Resident of village- Bikrampur, P.S.-
                  Dhaka, District - East Champaran
           2.    Raju Paswan S/o Jagdish Paswan Resident of Village - Gahai, P.S.- Dhaka,
                 District - East Champaran
           3.     Vijay Paswan S/o Jagdish Paswan Resident of Village - Gahai, P.S.- Dhaka,
                  District - East Champaran
                                                                             ... ... Petitioners
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr.Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-06-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Dhaka P.S. Case

                   No. 122 of 2026 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109(1), 303(2) & 3(5) of the

                   Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. As per FIR, petitioners alleged to assault the

                   informant alongwith other co-accused persons causing head and

                   bodily injury, where alleged assault was made with intention to

                   cause death of the informant.

                             4. Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.40048 of 2026(2) dt.22-06-2026
                                            2/3




          submitted that out of enmity, the present false case was lodged

          against these petitioners. It is submitted that as per FIR, specific

          assault on head, which is the vital part of the body, was alleged

          to be made by one Rajaram Paswan and not by these petitioners.

          It is pointed out that said Rajaram Paswan was in inimical terms

          with the informant, for which he had also lodged a criminal case

          against the informant, which was registered as Dhaka P.S. Case

          No. 123 of 2026.

                   5. It is further submitted that the allegation of physical

          assault is appearing very much general and omnibus in nature

          against the petitioners.

                   6. Arguing further, it is submitted by learned counsel

          that as per impugned order, where injury report appears

          explained, it can be gathered that only two injuries was found

          upon the informant/injured during medical examination, where

          first injury was found upon the head, which was specifically

          alleged to be caused by the co-accused Rajaram Paswan, who is

          not the petitioner for the present, and one injury was found on

          the back of the informant, which was of bruise in nature, prima

          facie falsifying the allegation that he was assaulted repeatedly

          by these petitioners by using lathi. Explaining criminal

          antecedent of the petitioners, it is submitted by learned counsel
           Patna High Court CR. MISC. No.40048 of 2026(2) dt.22-06-2026
                                                       3/3




                     that petitioner nos. 1 & 3 are men of clean antecedent, whereas

                     petitioner no. 2 found involved in one more criminal case, in

                     which he is on bail.

                              7. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners.

                              8. In view of the aforesaid factual submissions and by

                     taking note of the fact as allegation of causing head injury

                     prima facie       not appears available against these petitioners,

                     accordingly, all three above-named petitioners, in the event of

                     their arrest/surrender within a period of four weeks from this

                     order, are directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned Judicial

                     Magistrate - 1st Class, Sikrahana at Dhaka, East Champaran/

                     concerned court in connection with Dhaka P.S. Case No. 122 of

                     2026, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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