Patna High Court
Ranjay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5)
- Criminal Procedure Code — s. 438(2)
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/-
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