Patna High Court

Rajesh RamversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that the petitioner is eligible for anticipatory bail subject to the conditions prescribed under Section 482(2) of the B.N.S., 2023.

Summary

The petitioner, Rajesh Ram, sought anticipatory bail fearing arrest in a criminal case (Imadpur PS Case No.31 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioner assaulted an informant with an iron khanti and that the informant's daughter assaulted the informant's brother‑in‑law with a bamboo stick, causing injuries. The petitioner contended that he was falsely implicated, that there is a property dispute between him and the informant, and that the injuries were minor; he also highlighted his clean antecedents and willingness to cooperate. The State opposed the grant of anticipatory bail. Considering the facts, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S., 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
Whether the existence of a property dispute and the alleged minor nature of injuries affect the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 74

Subjects

anticipatory bail
assault
property dispute
false implication
criminal procedure
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78157 of 2025
                       Arising Out of PS. Case No.-31 Year-2025 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Rajesh Ram S/o Late Jaglal Ram R/o Village - Moaapkala, P.S - Imadpur,
                 District – Bhojpur.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhat Kumar Singh, Advocate.
                 For the Opposite Party/s :       Mr. Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Imadpur P.S. Case No.31 of 2025 instituted under Sections

                   126(2), 115(2), 74, 303(2), 352, 109, 351(2), 351(3), 3(5) of the

                   B.N.S., 2023.

                                3. As per the prosecution case, the petitioner assaulted

                   the informant with iron khanti on her head and daughter of the

                   informant assaulted brother-in-law of the informant by Bamboo

                   stick causing injury to him.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the petitioner and informant are

                   gotiya and co-sharer and there is dispute of property between

                   them for which there is case and counter case between them and

                   both the parties sustained injury in the occurrence. Learned
              Patna High Court CR. MISC. No.78157 of 2025(2) dt.05-01-2026
                                                          2/2




                        counsel submits that the injury caused to the informant is simple

                        in nature and the injury report of Chandrakant Kumar has been

                        kept reserved. He further submits that petitioner has got clean

                        antecedent and he undertakes to co-operate in the investigation

                        and trial. Learned counsel submits that co-accused Dharamshila

                        Devi and Rani Devi have already been granted anticipatory bail

                        by the learned Trial Court.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the case

                        and submissions of learned counsel for the parties, in the event

                        of arrest or surrender before the Court below within six weeks

                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount to each to the satisfaction of the

                        learned J.M.F.C. Bhojpur at Ara in connection with Imadpur P.S.

                        Case No.31 of 2025, subject to the conditions laid down in

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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