Patna High Court
Biru RavidasversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to petitioners 1 and 2.
Summary
The petitioners Biru Ravidas and Pramod Ravidas applied for anticipatory bail under Section 438 of the CrPC in connection with Noorsarai Police Station Case No. 229 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 arising from an assault over a trivial dispute involving a DJ. The FIR described that the petitioners, along with others, assaulted the informant’s wife, daughter‑in‑law and later the informant and his sons, causing only simple injuries. One accused, Umesh Ravidas, was already arrested and his application was withdrawn, leaving the present application to survive only for petitioners 1 and 2. The court noted that the incident stemmed from a minor issue, the allegations were general and omnibus, and the injuries were simple, and therefore found no reason to deny bail. Consequently, the court granted anticipatory bail to petitioners 1 and 2 subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted to petitioners 1 and 2 given the nature of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the trivial nature of the dispute and the simple injuries justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 127(1), 3(5), 75, 79
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bharatiya Nyaya Sanhita
- assault
- simple injury
- trivial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75438 of 2025
Arising Out of PS. Case No.-229 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
1. Biru Ravidas S/o Raj Kumar Ravidas R/o Vill.- Bhakhari, P.S.- Noorsarai,
Dist.- Nalanda
2. Pramod Ravidas S/o Ramnivaran Ravidas R/o Vill.- Bhakhari, P.S.-
Noorsarai, Dist.- Nalanda
3. Umesh Ravidas S/o Ram Baran Ravidas R/o Vill.- Bhakhari, P.S.- Noorsarai,
Dist.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 09-04-2026 Earlier, vide order dated 24.12.2025, during pendency
of the present application, petitioner no. 3 was arrested and the
application was withdrawn as against him.
2. Now, the present application survives only for
petitioner nos. 1 and 2 only.
3. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
4. This application, for grant of anticipatory bail,
arises out of Noorsarai Police Station Case No. 229 of 2025,
disclosing offences under Sections 127(1), 115(2), 117(2), 109,
75, 79 and 3(5) of Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.75438 of 2025(5) dt.09-04-2026
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5. The prosecution case, as per the First Information
Report, is that on 29.04.2025 at about 08:45 PM, wife of the
informant, Juli Devi, and his daughter-in-law were going for a
walk. In the meantime, the petitioners, along with other accused
persons, abused them and were also playing DJ, and when the
informant’s wife protested, they pushed her, and thereafter her
sons came in order to rescue their mother, then the petitioners
and other accused persons assaulted the informant and his sons.
6. Learned Counsel for the petitioners submits that
both the parties are co-villagers and the occurrence has taken
place on the issue of playing DJ by the side of the petitioners.
Altogether seven persons have been made accused and the
allegations against them is general and omnibus in nature and
the injuries sustained by the victims are simple in nature.
7. On the other hand, learned counsel for the State
argued that Umesh Ravidas assaulted the informant and his sons
by means of lathi danda, and the informant's son, Rudal Paswan,
got severe injury; however, the doctor has opined that the injury
is simple in nature. Umesh Ravidsa has already been arrested.
8. Regards being had to the submissions made by the
parties and taking into consideration the fact that the occurrence
has taken place on a trivial issue and the allegation against the
Patna High Court CR. MISC. No.75438 of 2025(5) dt.09-04-2026
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petitioner nos. 1 and 2 is general and omnibus in nature, and the
injuries sustained by the victims are simple in nature, I am
inclined to grant the petitioner Nos. 1 and 2 privilege of
anticipatory bail.
9. This application is, accordingly, allowed for
petitioner nos. 1 and 2 only.
10. Let the petitioner Nos. 1 and 2, 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) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-
III, Biharsharif, Nalanda, in connection with Noorsarai Police
Station Case No. 229 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
Siwani/-
U T
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