Patna High Court
Dinu Rai @ Arvind RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to petitioners No.1 and 3‑5, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, five residents of Sabalpur village, feared arrest in a case registered under multiple sections of the Bihar Negotiable Sale (BNSS) relating to alleged illegal sand mining and assault on police. They claimed they were falsely implicated, stating that the tractor involved belonged to petitioner No.1 and was merely parked when police arrived. The informant alleged that unknown accused assaulted the police, but the petitioners argued the specific assault allegation pertained only to petitioner No.2, whose anticipatory bail application was withdrawn. The State opposed granting anticipatory bail to the remaining petitioners. Considering the submissions, the Court ordered that petitioners No.1 and 3‑5 be released on anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties each, under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to petitioners No.1 and 3‑5 despite the serious charges under the BNSS.
- Whether the allegations against the petitioners constitute sufficient ground to deny anticipatory bail.
- Effect of the withdrawal of petitioner No.2's anticipatory bail application on the remaining petitioners.
Subjects
- anticipatory bail
- false implication
- illegal sand mining
- police assault
- Section 482
- bail conditions
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76290 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- Hariharnath P.S. District- Saran
======================================================
1. Dinu Rai @ Arvind Rai S/O Late Amirlal Rai @ Late Amar Lal Rai
Residents of Village- Sabalpur Pachhiyari Tola, P.S- Sonepur, District-
Saran.
2. Guddu Kumar @ Satyam Kumar S/O Dinu Rai @ Arvind Rai Residents of
Village- Sabalpur Pachhiyari Tola, P.S- Sonepur, District- Saran.
3. Nikhil Kumar @ Sundram Kumar S/O Dinu Rai @ Arvind Rai Residents of
Village- Sabalpur Pachhiyari Tola, P.S- Sonepur, District- Saran.
4. Chhotu Kumar @ Shivam Kumar S/O Dinu Rai @ Arvind Rai Residents of
Village- Sabalpur Pachhiyari Tola, P.S- Sonepur, District- Saran.
5. Pramod Kumar S/O Late Bihari Rai Residents of Village- Sabalpur
Pachhiyari Tola, P.S- Sonepur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2)(3),
190, 126(2), 115(2), 117(2), 109, 132, 221, 303(2), 121(1)(2)
and 125(a)(b) of the BNS.
3. Learned counsel for the petitioners, after some
argument realizing his difficulty, seeks permission to withdraw
the anticipatory bail application with respect to petitioner no. 2,
namely, Guddu Kumar @ Satyam Kumar.
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4. Permission is accorded.
5. Accordingly, the anticipatory bail application with
respect to petitioner no. 2 is dismissed as withdrawn.
6. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and rest of the
petitioners are persons with clean antecedent and the informant
alleges that illegal sand miners on seeing the police force started
fleeing with the tractor laden with sand and the force chased
them but all of a sudden named accused persons along with 20-
25 unknown accused came and assaulted the force causing
injury to Dilip Kumar Singh and fled away with the tractor.
7. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that the tractor belongs to
petitioner no. 1 and was parked near his house when the force
came alleging that the tractor was used for illegal sand mining
on which an altercation and scuffle took place. It is next
submitted that specific allegation of assault is against petitioner
no. 2 whose anticipatory bail application has already been
withdrawn and as far as other petitioners are concerned, the
allegation against them is general and omnibus in nature.
8. Learned A.P.P. for the State opposes the prayer for
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anticipatory bail of the petitioners.
9. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners no. 1 and 3 to 5,
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned trial court
where the case is pending/Successor Court in connection with
Hariharnath P.S. Case No. 79 of 2025, subject to the conditions
as laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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