Patna High Court
Satendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to all petitioners, holding that the case appears to be motivated by a civil land dispute and the injuries are simple.
Summary
The petitioners, six brothers and a sister-in-law, were named in an FIR for assault, robbery, and outraging modesty under various sections of the Bhartiya Nyaya Sanhita, 2023, arising from a dispute in Parsa Bazar. They contended that the criminal case was fabricated to further a pending land title suit (Title Suit No.414 of 2024) and that the injuries were minor, with no sexual intent. The State, represented by the Additional Public Prosecutor, argued that the medical report corroborated the assault, though it admitted the injuries were simple. The court noted that the case appeared to be lodged in the background of a civil land dispute and that the nature of the injuries was not grave. Consequently, the court ordered the release of all petitioners on bail of Rs.10,000 each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order also required the petitioners to cooperate with the investigation and appear before the trial court as directed.
Issues considered
- Whether the FIR and the criminal charges are genuine or are filed to harass the petitioners in the context of a pending land dispute
- Whether bail should be granted to the petitioners despite the seriousness of the offences alleged under the BNS
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 303(2), 315, 315(2), 3(5), 352, 74
- Bhartiya Nyaya Sanhita (Criminal Procedure) (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- false complaint
- land dispute
- assault
- robbery
- outraging modesty
- Bhartiya Nyaya Sanhita
- CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40856 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- PARSABAZAR District- Patna
======================================================
1. Satendra Kumar
2. Mantu Kumar
Both are son of Late Rameshwar Ray, R/o Village- Khaitoli, (Khairatali),
P.S.- Parsa Bazar, Distt.- Patna.
3. Aasha Devi W/o Late Rameshwar Ray R/o Village- Wajitpur (Wajirpur),
P.S.- Maner, Distt.- Patna.
4. Santu Kumar, S/o Late Rameshwar Ray R/o Village- Khaitoli, (Khairatali),
P.S.- Parsa Bazar, Distt.- Patna.
5. Rupa Kumari, W/o Harendra Kumar @ Halendra Kumar R/o Village-
Khaitoli, (Khairatali), P.S.- Parsa Bazar, Distt.- Patna.
6. Randhir Kumar S/o Late Rameshwar Ray R/o Village- Khaitoli, (Khairatali),
P.S.- Parsa Bazar, Distt.- Patna.
7. Harendra Kumar @ Halendra Kumar, S/o Late Rameshwar Ray, R/o Village-
Wajitpur, P.S.- Maner, Distt.- Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Singh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
For the Informant : Mr. Shubhesh Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State duly
assisted by learned counsel appearing for the informant.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Parsa Bazar
P.S. Case No.166 of 2026 registered under Sections 115(2),
126(2), 117(2), 74, 303(2), 352, 315, 315(2) read with
Patna High Court CR. MISC. No.40856 of 2026(2) dt.24-06-2026
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3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, the petitioners were alleged to
assault the informant and her family members, causing head
and bodily injuries and also to snatch the jewelery belong to
them and outrage modesty of informant during the
occurrence.
4. It is submitted by learned counsel appearing for
petitioners that the petitioners were implicated falsely in the
background of land dispute, as a title suit is pending
between the parties bearing Title Suit No.414 of 2024 and,
therefore, the present criminal case is completely
unoccasioned and unwarranted. It is submitted that the
informant’s side also lodged a criminal case, which has been
registered as Naura P.S. Case No.118 of 2025 against
petitioners almost with similar allegation and, as such, the
informant is under habit to lodge such false and frivolous
complaint in the background of land dispute. It is pointed out
that the injury as alleged to be received due to assault made
by petitioners, upon medical examination, found simple in
nature and moreover the allegation of outraging modesty is
Patna High Court CR. MISC. No.40856 of 2026(2) dt.24-06-2026
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also false on its face, as same appears not made with any
sexual intent. Explaining criminal antecedent, it is submitted
that petitioners are accused in one more criminal case with
informant’s side, where they are on bail.
5. Learned APP duly assisted by Mr. Shubesh
Pandey, learned counsel appearing for the informant while
opposing the prayer of bail submitted that the injury report
is corroborating the allegation qua physical assault. However,
he fairly conceded that the nature of injury is simple. He
could not dispute the pending litigation regarding land
dispute as submitted aforesaid.
6. In view of aforesaid factual submissions and by
taking note of fact as primarily the present criminal case
appears to be lodged in the background of land dispute,
where nature of injury appears simple, accordingly, all
above-named petitioners, in the event of their arrest or
surrender in the court below within a period of four weeks,
are directed to be released on bail, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.40856 of 2026(2) dt.24-06-2026
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Judicial Magistrate, First Class, Patna in connection with
Parsa Bazar P.S. Case No.166 of 2026, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS and with further
conditions:-
(i) That petitioner shall co-operate in
investigation and shall be physically present on
each and every date before the Trial Court till
conclusion of the trial after framing of charge,
where exemption from physical appearance be
allowed by the Trial Court only on medical
ground of the petitioners duly supported by
the documents.
(ii) That if petitioners failed to
appear before the trial court on two
consecutive dates, the trial court shall be at
liberty to cancel the bail bonds of the
petitioners.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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