Created by Fuzzy Cloud

Patna High Court

Satendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




          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
                                                      4/4




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.