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Patna High Court

Rinki @ Rinku DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail is granted to petitioners 1 and 3 but denied to petitioners 2 and 4 due to specific assault allegations against the latter.

Summary

The petitioners sought anticipatory bail in a case where six individuals were accused of assaulting an informant and her husband with iron rods and theft of jewelry, under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued they were innocent, that a parallel case and a pending land dispute indicated the allegations were motivated, and that two of them (petitioner 1 and 3) faced no specific accusations in the FIR. The State opposed bail, emphasizing specific allegations of assault against petitioners 2 and 4. The court examined the seriousness of the alleged offenses, the presence of specific allegations, and the lack of criminal antecedent for petitioners 1 and 3. It granted anticipatory bail to petitioners 1 and 3 subject to conditions, but denied it to petitioners 2 and 4, directing the trial court to consider their surrender‑cum‑bail applications promptly.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 given the alleged assault and theft.
  • Whether the existence of a counter‑case and a pending land dispute negates the necessity for bail.
  • Whether the absence of specific allegations against certain petitioners justifies granting bail.
  • Whether specific allegations of assault against petitioners 2 and 4 warrant denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • iron rod
  • land dispute
  • FIR
  • Bharatiya Nyaya Sanhita
  • Section 2(1)(d)
  • Section 482(2)
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5017 of 2026
                    Arising Out of PS. Case No.-89 Year-2025 Thana- MURLIGANJ District- Madhepura
                 ======================================================
           1.     Rinki @ Rinku Devi W/o Shiv Kumar Paswan R/o Village - Pakilpar, ward
                  No. 03, P.S - Murliganj, District - Madhepura
           2.    Niranjan Paswan S/o Late Maheshwar Paswan R/o Village - Pakilpar, ward
                 No. 03, P.S - Murliganj, District - Madhepura
           3.    Karanjeet @ Karamjeet Paswan S/o Late Shyam Paswan R/o Village -
                 Pakilpar, ward No. 03, P.S - Murliganj, District - Madhepura
           4.    Shiv Kumar Paswan S/o Late Shyam Paswan R/o Village - Pakilpar, ward
                 No. 03, P.S - Murliganj, District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Murliganj P.S. Case No. 89 of 2025 lodged on

                   07.03.2025, for the offence punishable under Section 126(2),

                   115(2), 117(2), 109, 303(2) & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioners. It

                   has been alleged that all the accused persons came at the door of
Patna High Court CR. MISC. No.5017 of 2026(2) dt.04-02-2026
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          the informant and started abusing the informant and her

          husband. It has been alleged that the petitioner no.2 has

          assaulted the informant with iron rod due to which her hand was

          broken. All the accused persons also assaulted the informant’s

          husband and it has been specifically alleged that the petitioner

          no.4 has brutally assaulted the informant’s husband by iron rod

          on his head due to which he suffered injury. It has also been

          alleged that petitioner no.1 has snatched golden earring from the

          informant.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that both parties are resident of same village

          and next door neighbours. Counsel submits that for the same

          date and place of occurrence, there is a case and counter case i.e.

          one case has been lodged from the petitioners’ side bearing

          Murliganj P.S. Case No. 90 of 2025 and the present case has

          been lodged from the informant’s side bearing Murliganj P.S.

          Case No. 89 of 2025. In addition to that, counsel submits that

          there is a pending land dispute between the parties bearing Title

          Suit No. 109 of 2019, due to which the present case has been

          lodged. Counsel further submits that from bare reading of the

          FIR, there is absolutely no allegation against petitioner nos. 1
Patna High Court CR. MISC. No.5017 of 2026(2) dt.04-02-2026
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          and 3. Counsel also submits that the petitioners have no criminal

          antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that from the record, it

          transpires that there is specific allegation against petitioner nos.

          2 and 4 of assault by iron rod upon the informant and her

          husband.

                       6. As such, in the present facts and circumstances of

          this case, let the petitioner no.1 namely, Rinki @ Rinku Devi

          and petitioner no.3 namely, Karanjeet @ Karamjeet Paswan be

          released on anticipatory bail, in the event of arrest or surrender

          before the Trial Court within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to

          the satisfaction of C.J.M., Madhepura, in connection with

          Murliganj P.S. Case No. 89 of 2025, subject to the conditions as

          laid down U/s 482(2) of the B.N.S.S., 2023.

                       7. So far as petitioner no. 2 namely, Niranjan Paswan

          and petitioner no. 4 namely, Shiv Kumar Paswan are concerned,

          this Court is not inclined to grant bail to them. Accordingly, the

          prayer for anticipatory bail of the petitioner nos. 2 and 4 are

          hereby rejected. However, if petitioner nos. 2 and 4 surrenders
             Patna High Court CR. MISC. No.5017 of 2026(2) dt.04-02-2026
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                       before the concerned Trial Court within a period of 4 weeks

                       from today, then in that case, the Trial Court is directed to pass

                       order on their surrender-cum-bail application on the same day

                       considering the injury report as well as the title suit pending

                       between the parties, without being prejudice that the

                       anticipatory bail of the petitioner nos. 2 and 4 has been rejected

                       by this Court and the Trial Court shall pass order on the merit of

                       this case.



                                                                    (Dr. Anshuman, J)
Divyansh/-

U      T


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