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Patna High Court

Rajpati RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is allowed for the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, five residents of Maranpur, sought anticipatory bail after an FIR was lodged alleging they assaulted an informant and others with lathi and danda, causing injuries. They claimed the incident was a spontaneous fight arising from a pre‑existing land dispute and that no offence was committed. The State opposed the bail application, arguing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita. The court examined the nature of the allegations and the simple injuries sustained. Considering the circumstances, the court granted anticipatory bail, directing that if the petitioners are arrested within eight weeks they may be released on a bail bond of Rs 10,000 with two sureties. The order was made subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the offences alleged in the FIR

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • land dispute
  • criminal procedure
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4800 of 2026
                      Arising Out of PS. Case No.-132 Year-2025 Thana- DARIGAON District- Rohtas
                 ======================================================
           1.     Rajpati Ram S/O Late Raj Bali Ram Resident of Maranpur, P.S.- Darigaon,
                  District- Rohtas
           2.    Ritik Kumar S/O Munna Ram Resident of Maranpur, P.S.- Darigaon,
                 District- Rohtas
           3.    Kundan Kumar S/O Munna Ram Resident of Maranpur, P.S.- Darigaon,
                 District- Rohtas
           4.    Raj Kishor Kumar S/O Rajpati Ram Resident of Maranpur, P.S.- Darigaon,
                 District- Rohtas
           5.    Shravan Kumar @ Mantu Kumar S/O Mahendra Ram Resident of
                 Maranpur, P.S.- Darigaon, District- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md Fazle Karim, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   06-04-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 109, 352,

                   351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., all the named accused persons,

                   including these petitioners, assaulted informant and others by

                   means of lathi, danda as a result of which, they sustained

                   injuries.
            Patna High Court CR. MISC. No.4800 of 2026(4) dt.06-04-2026
                                                        2/2




                                   4. Learned counsel for the petitioners submits that

                      petitioners are innocent and have committed no offence. On

                      account of pre-existing land dispute, free fight took place

                      between the parties in which both sides sustained injuries. Case

                      and counter case. Allegation of assault is general and omnibus.

                      Injuries sustained by the injured are simple in nature.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the nature of accusation and injuries,

                      this anticipatory bail is allowed and it is ordered that let the

                      above named petitioners in the event of their arrest/surrender

                      before the court below within a period of eight weeks from

                      today, be enlarged on bail on furnishing bail-bond of Rs.

                      10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Rohtas at Sasaram in connection with Darigaon P. S.

                      Case No. 132 of 2025, subject to condition as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                      2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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