Patna High Court
Rajeshwar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners applied for anticipatory bail in a case (Paroo Police Station Case No. 302 of 2025) alleging offences under several sections of the BNS, 2023, including assault, robbery and outraging modesty. The prosecution alleged that on 8 June 2025 the accused entered the informant's house armed, assaulted his wife and daughters, and stole jewellery and cash. The petitioners contended that the FIR was lodged four days after the incident, was motivated by a parking dispute between agnate relatives, and that the allegations were vague, with only simple injuries reported and no statements recorded at the hospitals. The court noted the familial relationship, the lack of prior criminal records, and the simple nature of the injuries, and found the allegations insufficient to deny bail. Consequently, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the serious nature of the alleged offences under the BNS, 2023.
- Whether the familial (agnate) relationship and the alleged parking dispute negate the credibility of the FIR.
- Whether the lack of specific overt acts and the simple nature of injuries justify granting bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- robbery
- family dispute
- parking dispute
- agnates
- Bihar
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68508 of 2025
Arising Out of PS. Case No.-302 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
1. Rajeshwar Das S/O Late Jagdeo Das R/O Vill.- Ratwara Hathu, P.S.- Paroo,
Distt.- Muzaffarpur
2. Rita Devi W/O Rajeshwar Das R/O Vill.- Ratwara Hathu, P.S.- Paroo, Distt.-
Muzaffarpur
3. Nandu Kumar @ Nandan Kumar @ Nand Kumar S/O Rajeshwar Das R/O
Vill.- Ratwara Hathu, P.S.- Paroo, Distt.- Muzaffarpur
4. Mamta Devi W/O Nandu Kumar @ Nandan Kumar @ Nand Kumar R/O
Vill.- Ratwara Hathu, P.S.- Paroo, Distt.- Muzaffarpur
5. Ranjan Kumar S/O Rajeshwar Das R/O Vill.- Ratwara Hathu, P.S.- Paroo,
Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 26-02-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Paroo Police Station Case No. 302 of 2025,
disclosing offences under Sections 126(2), 115(2), 109, 74,
303(2), 352, 351(2), 351(3) and 3(5) of the BNS, 2023.
3. The prosecution case, in brief, is that on
08.06.2025 at about 10:00 PM, while the informant was away
from home, the named accused persons allegedly entered his
house armed with sticks and other weapons and assaulted his
wife with an iron rod, causing serious head injuries. When his
Patna High Court CR. MISC. No.68508 of 2025(3) dt.26-02-2026
2/3
two daughters intervened, they were also assaulted, and one
daughter’s clothes were allegedly torn with intent to outrage her
modesty. It is further alleged that gold ornaments and a briefcase
containing jewellery and cash were forcibly taken away. The
injured wife was initially taken to the Primary Health Centre,
Paroo, and thereafter referred to SKMCH, Muzaffarpur for
treatment. Upon returning home, the informant was also
allegedly abused and assaulted. The FIR further refers to a prior
incident dated 03.05.2025 in which one of the accused had
allegedly assaulted the informant, though the matter was settled
at that time.
4. Learned Counsel for the petitioners submits that
the petitioners have falsely been implicated in the present case
due to parking dispute. Both the parties are agnates. The FIR
was lodged after four days of the alleged occurrence i.e., on
12.06.2025, by the informant, who was not present at the time
of occurrence. It is further submitted that the allegations are
general and omnibus in nature, with no specific overt act
attributed to any accused. The allegation of tearing clothes and
snatching gold ornaments are alleged to have been exaggerated
to make the case serious. Additionally, although the injured
persons were treated at Government Hospitals, no statements
Patna High Court CR. MISC. No.68508 of 2025(3) dt.26-02-2026
3/3
were recorded there, and the medical report indicates that the
injuries are simple in nature.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are agnates, the dispute is related to parking,
petitioners are having no criminal antecedents and injuries are
simple in nature, I am inclined to grant the petitioners privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Court No. IX, Muzaffarpur (West), in connection with Paroo
Police Station Case No. 302 of 2025, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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