Patna High Court
Bhulan DixitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted because the petitioners have a clean antecedent and the allegations appear to be false, invoking the discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
Bhulan Dixit and his son Vibek Dixit applied for anticipatory bail after an informant alleged that they assaulted him and his grandson on 15 March 2025 during a land‑related dispute. The informant claimed the assault involved a stick, while the petitioners contended that the case was false and concocted because of the ongoing land dispute. The petitioners highlighted their clean antecedent and that the medical report described the injury as simple. The State opposed the bail, arguing the offences under the Bhartiya Nyaya Sanhita were cognizable. Considering the clean antecedent, the alleged false nature of the complaint, and the principles of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, the court granted anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether the allegations constitute a false or concocted case warranting denial of bail.
- Whether the petitioners' clean antecedent justifies bail despite the alleged offences.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- false case
- land dispute
- clean antecedent
- criminal law
- assault
- Section 482
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73128 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- BHORE District- Gopalganj
======================================================
1. Bhulan Dixit, son of Late Baban Dixit Resident of Village -Korya Dixit PS
-Bhore Distt -Gopalganj
2. Vibek Dixit, Son of Bhulan Dixit Resident of Village -Korya Dixit PS
-Bhore Distt -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate
For the Informant : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 117(2),
115(2),109 (1), 352, 351(2), 3(5) of the Bhartiya Nyaya
Sanhita.
3. Informant alleged that on 15.03.2025, when
grandson of informant was returning, then both the petitioners
got into fight with him and petitioner no. 1 assaulted the
informant and petitioner no. 2 assaulted the grandson of the
informant with danda.
4. Learned counsel for the petitioner submits that
due to admitted land dispute between the parties, this false and
concocted case has been lodged. Petitioners are alleged to
have assaulted the informant with stick. The doctor has found
the injury simple in nature. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.73128 of 2025(3) dt.13-01-2026
2/2
5. Learned A.P.P. for the State and learned counsel
for the informant opposed the bail petition.
6. Considering the facts and circumstances of the case
and clean antecedent, the prayer for anticipatory bail of
petitioners is allowed. Let the above named petitioners, in the
event of their arrest/surrender within a period of eight weeks
from today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Gopalganj,
in connection with Bhore P.S. Case No. 107 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
Checking your session…