Created by Fuzzy Cloud

Patna High Court

Raja Babu Patel @ Raja Babu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners, subject to bond and conditions, noting the simple nature of injury and their fair antecedent.

Summary

The petitioners, a group of Patels from Gamhariya Kala, sought relief fearing arrest in connection with Darpa P.S. Case No.34 of 2024, which alleged offences including robbery, assault and other IPC crimes. They contended that the incident stemmed from a land dispute that escalated into a free fight, resulting in only simple injuries to the informant. The State argued that although the petitioners had earlier been granted the benefit of Section 41(1) CrPC, the Sessions Judge rejected their anticipatory bail because the investigating officer failed to produce the case diary, creating a fresh apprehension of arrest. The Court examined the nature of the injury, the petitioners' clean antecedent and the prior benefit under Section 41(1). Considering these factors, the Court ordered that the petitioners be released on bail if arrested or they surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail/release on bail despite the Sessions Judge's rejection on the ground of non‑production of the case diary
  • Whether the nature of the alleged injury and the petitioners' antecedent justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 41 CrPC
  • bail conditions
  • land dispute
  • assault
  • robbery
  • simple injury
  • Criminal Procedure Code
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73477 of 2025
                     Arising Out of PS. Case No.-34 Year-2024 Thana- DARPA District- East Champaran
                 ======================================================
           1.     Raja Babu Patel @ Raja Babu Kumar S/o Pappu Patel R/o Village -
                  Gamhariya Kala, P.S - Darpa, District - East Champaran
           2.    Shankar Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa,
                 District - East Champaran
           3.    Harendra Patel S/o Late Jagan Patel R/o Village - Gamhariya Kala, P.S -
                 Darpa, District - East Champaran
           4.    Mukesh Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa,
                 District - East Champaran
           5.    Amilal Patel @ Amiri Patel @ Amini Patel S/o Harendra Patel R/o Village -
                 Gamhariya Kala, P.S - Darpa, District - East Champaran
           6.    Rakesh Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa,
                 District - East Champaran
           7.    Bhulan Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa,
                 District - East Champaran
           8.    Hari Shankar Patel S/o Achchhelal Patel R/o Village - Gamhariya Kala, P.S -
                 Darpa, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Adv.
                                                   Mr. Harsha Shashwat, Adv.
                 For the Opposite Party/s :        Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                      Heard learned Advocate for the petitioners and

                   learned Advocate for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Darpa P.S. Case No.34 of 2024 registered for the offences

                   punishable under Sections 341, 323, 447, 448, 379, 354, 354B,

                   324, 307, 504 and 506/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.73477 of 2025(3) dt.11-02-2026
                                            2/3




                       3. Allegedly, in the fateful night, while the informant

          was sleeping in his house, in the meanwhile, all the FIR named

          accused persons variously armed with iron rod, bhala, farsa and

          country made pistol barged into the house and looted valuables.

          It is further alleged that petitioner no.8 assaulted the informant

          by means of iron rod due to which he sustained injury on his

          head and eye, besides there is further allegation against other

          accused persons of assaulting and abusing the informant.

                       4. The learned Advocate for the petitioners submitted

          that in fact both the parties are bickering over the land dispute

          and the present case is nothing but an offshoot of the same

          which resulted into a free fight leading to some unfortunate

          injury. There is a counter version of the present case being

          Darpa P.S. Case No. 36 of 2024 instituted by petitioner no.8.

          The injury which is alleged to have been sustained to the

          informant, has been found to be simple in nature as as is evident

          from the injury report. The petitioners bear fair antecedent.

                       5. The learned Advocate for the State fairly submitted

          that considering the materials available on record, the

          petitioners had been earlier extended the benefit of Section

          41(1) of the CrPC and, as such, there is no apprehension of their

          arrest at that stage. However, it is further submitted that since

          the learned Sessions Judge rejected the petitioners’ prayer
              Patna High Court CR. MISC. No.73477 of 2025(3) dt.11-02-2026
                                                          3/3




                        for anticipatory bail solely on the ground that the Investigating

                        Officer failed to produce the case diary, a fresh apprehension of

                        arrest has now arisen.

                                     6. Having considered the submissions advanced by

                        the learned Advocate for the respective parties and taking note

                        of the materials available on record, especially the fact that

                        initially the petitioners were accorded the privilege of Section

                        41(1) of the CrPC, besides the nature of injury is found to be

                        simple and the fair antecedent of the petitioners, let the above

                        named petitioners, be released on bail, in the event of their

                        arrest or surrender before the learned Court below within a

                        period of four weeks from today, on furnishing bail bond of Rs.

                        10,000/- (Ten thousand) each with two sureties of the like

                        amount each to the satisfaction of learned Sub-Divisional

                        Judicial Magistrate, Motihari, East Champaran in connection

                        with Darpa P.S. Case No.34 of 2024, subject to the condition as

                        laid down under Section 482(2) of the BNSS, with further

                        condition that one of the bailors shall be the own/close family

                        members of the petitioners.



                                                    (Harish Kumar, J)
rohit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.