Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted to petitioners 2‑6 and denied to petitioners 1 and 7.
Summary
The petitioners, seven members of the same family, sought anticipatory bail in connection with FIR No. 79 of 2025 filed under multiple sections of the Bhartiya Nayay Sanhita, 2023. The informant alleged that during a land measurement exercise the petitioners attacked him and others, causing injuries, including grievous head injuries to two petitioners (Pradeep Kumar and Ranjeet Kumar). The court examined the injury report and found that the injuries caused by petitioners 1 and 7 were grievous, warranting denial of anticipatory bail. For petitioners 2 to 6, the injuries were either simple or not proven, and they had no criminal antecedents, leading the court to grant them anticipatory bail with conditions under Section 438(2) of the Cr.P.C. The bail order required a bond, sureties, and compliance with several behavioural conditions.
Issues considered
- Whether anticipatory bail can be granted to the accused under the provisions of the Bhartiya Nayay Sanhita, 2023 given the nature of alleged offences.
- Whether the presence of grievous injuries precludes the grant of anticipatory bail.
- Whether simple injuries and lack of criminal antecedent justify the grant of anticipatory bail.
- What conditions may be imposed under Section 438(2) of the Criminal Procedure Code while granting anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- grievous injury
- Bhartiya Nayay Sanhita
- Criminal Procedure Code
- Section 438
- West Champaran
- criminal miscellany
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48003 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- BAIRIYA District- West Champaran
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1. Pradeep Kumar Son of Horil Sah Village- Bagahi Nimiya Tola ward no 06
Police station -Bairiya District -west Champaran
2. Dhiraj Kumar son of Horil Sah Village- Bagahi Nimiya Tola ward no 06
Police station -Bairiya District -west Champaran
3. Munna Kumar Son of Horil Sah Village- Bagahi Nimiya Tola ward no 06
Police station -Bairiya District -west Champaran
4. Badak Sah @ Barak Sah Son of Late Naglal Sah Village- Bagahi Nimiya
Tola ward no 06 Police station -Bairiya District -west Champaran
5. Ramu Sah Son of Late Naglal Sah Village- Bagahi Nimiya Tola ward no 06
Police station -Bairiya District -west Champaran
6. Horil Sah Son of Late Naglal Sah Village- Bagahi Nimiya Tola ward no 06
Police station -Bairiya District -west Champaran
7. Ranjeet Kumar Son of Ramu Sah Village- Bagahi Nimiya Tola ward no 06
Police station -Bairiya District -west Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachida Nand Rai, Advocate
Mr. Avinash Raj, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
For the informant : Mr. Pankaj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-01-2026 Heard Mr. Sachida Nand Rai duly assisted by Mr.
Avinash Raj, representing the petitioners and Pankaj Kumar,
learned counsel for the informant as also the State.
2. The petitioners are apprehending arrest in
connection with Bairiya P.S. Case No. 79 of 2025 instituted
under Sections 126(2), 115(2), 118(1), 109, 76, 303(2), 352,
351(2), 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on
Patna High Court CR. MISC. No.48003 of 2025(4) dt.21-01-2026
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05.03.2025 by the informant, Vickey Kumar.
3. As per the prosecution story, the informant alleged
that on 23.02.2025, with consent the land was being measured
and pillars fixed. Meanwhile, their agnates (accused persons)
which included Pradeep Kumar, petitioner no.1, Dhiraj Kumar,
petitioner no.2, Munna Kumar, petitioner no.3, Badak Sah,
petitioner no.4, Ramu Sah, petitioner no.5, Horil Sah, petitioner
no.6 and Ranjeet Kumar, petitioner no.7 beside the female
inmate namely Sheela Devi armed variously attacked them
causing injuries to several members of the family.
4. The allegation is that Dhiraj Kumar, Pradeep
assaulted causing injuries on the head of the informant. When
Suraj Kumar, his brother came to his rescue, Munna Kumar
gave ‘lathi’ blow. Further, his elder brother was caught hold by
Badak Sah while Pradeep Kumar gave farsa blow on the head
causing injury. The further allegation is of outraging the
modesty of the family members and assault to his grand-father,
Chandrika Sah by Ranjeet Kumar. They were shifted to
G.M.C.H., Bettiah for treatment which followed the FIR.
5. Learned counsel for the petitioners submit that
there is case and counter case, both sides suffered, exaggerated
FIR has been lodged implicating all the family members.
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Further, in the counter case, Suraj Kumar and Vickey Kumar
preferred Cr. Misc. No. 35004 of 2025 which was allowed by
the coordinate bench. In that background, these accused persons
also deserve relief.
6. In this case, the coordinate bench had called for the
case diary and the injury report and the learned APP and the
informant has taken this Court the injury report to show that the
injury on Chandrika Sah given by Ranjeet Kumar has been
found to be grievous in nature. Further, Pradeep Kumar
assaulted both the informant and Suraj Kumar causing injury on
the head and the opinion was found to be reserved, the is on the
vital part. There are also allegation of assault/outraging the
modesty/taking away some amount.
7. Having heard the parties and perusing the records
as also the case diary/injury report, so far as the allegation that
has come against the petitioner no.1, Pradeep Kumar and
petitioner no.7, Ranjeet Kumar and the injuries inflicted by
them have been found to be on the head and one of them,
Chandrika Sah, injury has been recorded to be grievous in
nature, no relief can be extended to them. The anticipatory bail
against them stands rejected.
8. So far as petitioner nos. 2 to 6 namely Dhiraj
Patna High Court CR. MISC. No.48003 of 2025(4) dt.21-01-2026
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Kumar, Munna Kumar, Badak Sah @ Barak Sah, Ramu Sah and
Horil Sah respectively are concerned, considering that though
allegation is there, some of the injuries have been found to be
simple in nature whereas in the case of some of the accused,
only presence has been shown, none of them have criminal
antecedent, in that background, this Court is inclined to extend
them the privilege of anticipatory bail.
9. Let the petitioners 2 to 6 namely Dhiraj Kumar,
Munna Kumar, Badak Sah @ Barak Sah, Ramu Sah and Horil
Sah be released on bail, in the event of their arrest or surrender
before the subordinate court within a period of four weeks from
the receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount each
in connection with Bairiya P.S. Case No. 79 of 2025 to the
satisfaction of learned Judicial Magistrate-First Class, Bettiah,
West Champaran subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners 2 to 6 namely Dhiraj Kumar,
Munna Kumar, Badak Sah @ Barak Sah, Ramu Sah and Horil
Sah who shall provide official document (Aadhar Card/Driving
License/Voter ID/Pan Card etc) to show his/her bona fide;
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(ii) the petitioners 2 to 6 namely Dhiraj Kumar,
Munna Kumar, Badak Sah @ Barak Sah, Ramu Sah and Horil
Sah shall appear on each and every date before the Trial Court
and failure to do so for two consecutive dates without plausible
reason will entail cancellation of their bail bond by the Trial
Court itself;
(iii) the petitioners 2 to 6 namely Dhiraj Kumar,
Munna Kumar, Badak Sah @ Barak Sah, Ramu Sah and Horil
Sah shall in no way try to induce or promise or threat the
witnesses or tamper with the evidences, failing which the State
shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners 2 to 6 namely Dhiraj Kumar,
Munna Kumar, Badak Sah @ Barak Sah, Ramu Sah and Horil
Sah shall desist from committing any criminal offence again,
failing which the State shall be at liberty to take steps for
cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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