Patna High Court
Rinki @ Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 2(1)(d), 303(2), 3(5), 482(2)
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
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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
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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
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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
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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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