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Patna High Court

Ratneshwar Nandan @ MunnaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.66533 of 2025(3) dt.21-01-2026
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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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