Patna High Court
Ratneshwar Nandan @ MunnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that petitioners 1 and 3 are entitled to anticipatory bail as no injury was recorded against them and they have no criminal antecedent.
Summary
The petitioners, three accused in a land‑dispute related case (Maniyari P.S. Case No.304 of 2024), sought anticipatory bail under Section 438 of the Cr.P.C. The FIR alleged that petitioner 3 pointed a pistol at the informant, petitioner 2 inflicted a blow with an iron rod, and petitioner 1 attempted to suffocate the victim. The injury report showed a nasal bone fracture but no injuries attributable to petitioners 1 and 3, and they have no prior criminal record, whereas petitioner 2 has antecedents. The State argued that the three acted with common intention, emphasizing petitioner 2’s alleged role, and opposed bail for him. The High Court, noting the lack of injury evidence against petitioners 1 and 3 and their clean records, granted them anticipatory bail with strict conditions, while rejecting bail for petitioner 2. The order directs them to surrender within four weeks on a bail bond of Rs 10,000 with two sureties and comply with attendance and conduct conditions.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1 and 3 under Section 438 of the Cr.P.C. given the allegations and evidence.
- Whether the doctrine of common intention applies to hold all three accused liable for the alleged offences.
- Whether the presence of a criminal antecedent for petitioner 2 justifies denial of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- common intention
- land dispute
- criminal antecedent
- Section 438
- Bhartiya Nayay Sanhita
- assault
- grievous injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66533 of 2025
Arising Out of PS. Case No.-304 Year-2024 Thana- MANIYARI District- Muzaffarpur
======================================================
1. Ratneshwar Nandan @ Munna S/o- Late Jai Ram Singh R/o Village-
Muraul, P.S.- Maniyari, District- Muzaffarpur
2. Ghanshyam Singh @ Ghan Shayam Singh S/o- Late Kaleshwar Singh R/o
Village- Muraul, P.S.- Maniyari, District- Muzaffarpur
3. Raja Babu Singh @ Raja Babu @ Raja Babu Jairam Singh S/o- Late Jai
Ram Singh R/o Village- Muraul, P.S.- Maniyari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prasad Singh, Sr. Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
For the opposite party no.2 Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 21-01-2026 Heard Mr. Krishna Prasad Singh, learned Senior
Counsel for the petitioners, Mr. Arvind Kumar, learned counsel
for the opposite party no.2 and Mr. Narendra Kumar Singh,
learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Maniyari P.S. Case No.304 of 2024 instituted
under Sections 126(2), 115(2), 76, 303(2), 352, 109, 351(2),
3(5) of Bhartiya Nayay Sanhita, 2023 lodged on 09.12.2024 by
the informant, Ajit Kumar.
3. As per the prosecution story, the informant alleged
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that firstly the petitioner no.3, Rajababu Singh called the
informant and when he came out, he pointed his pistol on the
temporal region and thereafter, allegation is that Ghanshyam
Singh (petitioner no.2) inflicted farsa blow on the head which
followed iron rod injury to him. The petitioner no.1 Ratneshwar
Nandan tried to suffocate him by sitting on the chest. As the
locals arrived, putting fire on the hush of hay, the accused
retreated. This followed the FIR.
4. In this case, the coordinate bench had called for the
case diary and the injury report which is on record and it shows
fracture of nosal bone beside injury on the head.
5. Learned Senior Counsel for the petitioners submit
that land dispute is there and as such all of them have been
implicated. Specific roles have been attributed to Ghanshyam
Singh and Abhishek Sharma where injuries have been found to
be grievous in nature. So far as petitioner no.1, Ratneshwar
Nandan and petitioner no.3, Raja Babu Singh are concerned,
allegation of putting revolver on the temporal region as also
sitting on the chest is/are alleged, no such injury has been
recorded. Petitioner nos.1 and 3 have no criminal antecedent
while petitioner no.2 has criminal antecedent.
6. Learned counsel for the opposite party no.2
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opposes the prayer submitting that with common intention they
attacked. Main role has been attributed to Ghanshyam Singh and
Abhishek Sharma. Thus, considering the allegation that has
come against petitioner no.2, Ghanshyam Singh, no relief can be
extended to him and the anticipatory bail application against
him stands rejected.
7. So far as the petitioner no.1, Ratneshwar Nandan @
Munna and petitioner no.3, Raja Babu Singh @ Raja Babu are
concerned, though their presence have been shown and roles
also assigned, no such injury has been found, they do not have
criminal antecedent, in that background, this Court is inclined to
extend them the privilege of anticipatory bail.
8. Let the petitioners 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 Maniyari P.S. Case
No.304 of 2024 to the satisfaction of learned ACJM-8th West
Muzaffarpur 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 petitioner no.1, Ratneshwar Nandan @
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Munna and petitioner no.3, Raja Babu Singh @ Raja Babu who
shall provide official document (Aadhar Card/Driving
License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner no.1, Ratneshwar Nandan @ Munna
and petitioner no.3, Raja Babu Singh @ Raja Babu 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 petitioner no.1, Ratneshwar Nandan @
Munna and petitioner no.3, Raja Babu Singh @ Raja Babu shall
appear before the concerned police station every fortnight for
next six months to mark their attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of bail bonds;
(iv) the petitioner no.1, Ratneshwar Nandan @
Munna and petitioner no.3, Raja Babu Singh @ Raja Babu 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;
(v) the petitioner no.1, Ratneshwar Nandan @ Munna
and petitioner no.3, Raja Babu Singh @ Raja Babu shall desist
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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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