Patna High Court

Shobha RamversusThe State Of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the Bhartiya Nyaya Sanhita, 2023.

Summary

The petitioners, Shobha Ram and Rajnish Kumar, sought anticipatory bail after being implicated in a land‑dispute incident where they and others allegedly assaulted an informant and her family, causing injuries to six persons. The FIR charged them under Sections 126(2), 115(2), 118(1), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The petitioners argued that the allegations were vague, they were merely members of a mob, and they have a clean antecedent, noting that similarly situated co‑accused had already been granted bail. The State opposed the bail, contending the seriousness of the offences. The Court, considering the case‑and‑counter‑case, the injuries on both sides, and the petitioners’ clean record, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and surrender within eight weeks under Section 482 of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 482 of the Bhartiya Nyaya Sanhita, 2023.
Whether the FIR allegations constitute specific overt acts sufficient to deny bail.
Whether the petitioners’ clean antecedent and the existence of a case‑and‑counter‑case justify bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482

Subjects

anticipatory bail
Section 482
Bhartiya Nyaya Sanhita
land dispute
mob assault
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76761 of 2025
                        Arising Out of PS. Case No.-135 Year-2025 Thana- AANDAR District- Siwan
               ======================================================
           1 . Shobha Ram S/O Late Munnilal Ram Resident Of Village- Gopi Patiyanv,
                Ps- Andar, Dist.- Siwan
           2.    Rajnish Kumar @ Rajnish Ram @ Rajnish Kumar Ram S/O Shobha Ram
                 Resident Of Village- Gopi Patiyanv, Ps- Andar, Dist.- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwary, Advocate

                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                          Heard learned counsel for the petitioners and

                   learned A.P.P. for the State .

                                 2. The petitioners apprehends his arrest in a case

                   registered for the offence under Sections 126(2), 115(2),

                   118(1), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita .

                                 3 . As per FIR, on 08.05.2025 at about 8:00 A.M,

                   the informant was filling soil on her land, in the meantime, all

                   the accused persons named in the F.I.R. including petitioners

                   came and asked her to register the land in question in their

                   favour and on objection raised by informant and her family

                   members, petitioners along with other co-accused persons
Patna High Court CR. MISC. No.76761 of 2025(2) dt.16-01-2026
                                            2/3




          abused and assaulted them with lathi-danda and rod, as a

          result of which, six persons from informant’s family sustained

          injuries.

                       4. Learned counsel for the petitioners submits that

          both parties are pattidars. Allegation is general and omnibus

          against these petitioners. No specific allegation of overt act is

          alleged against them. They are only the members of mob.

          Case and counter case . Except the injuries, sustained by one

          Kashi Ram, all other injuries, sustained by other injured

          persons, are simple in nature . Petitioners claim clean

          antecedent. Similarly situated co-accused persons have

          already been granted bail by this Hon’ble Court vide order

          dated 22.09.2025 in Cr. Misc. No. 67049 of 2025 .

                       5. Learned A.P.P. for the State has opposed the

          prayer for anticipatory bail.

                       6. Considering the fact that there is case & counter

          case as also the fact that both sides sustained injuries and

          clean antecedent of petitioners, in the event of arrest/surrender

          within a period of eight weeks from today, let the above

          named petitioners 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 Judicial
            Patna High Court CR. MISC. No.76761 of 2025(2) dt.16-01-2026
                                                        3/3




                      Magistrate 1st Class, Siwan in connection with Andar P.S.

                      Case No. 135 of 2025 , subject to condition as laid down

                      under Section 482 of the B.N.S.S., 2023.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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