Patna High Court
Vinay Raut @ Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to petitioners 1 and 2 but denied it to petitioners 3 and 4.
Summary
The petitioners, Vinay Raut, Anjali Devi, Gulshan Kumar and Gita Devi, sought anticipatory bail in a criminal case (Paharpur PS Case No. 175 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, where they were alleged to have assaulted an informant in a land‑dispute context. The prosecution alleged that co‑accused ordered the killing of the informant and that petitioners 3 and 4 physically assaulted her, causing grievous injuries, while no specific assault allegation was made against petitioners 1 and 2. The petitioners argued they were falsely implicated, had no criminal antecedents, and that other co‑accused had already been granted regular bail. The State opposed bail for petitioners 3 and 4, citing the serious assault allegations. The High Court, after considering the submissions, granted anticipatory bail to petitioners 1 and 2, but rejected it for petitioners 3 and 4, directing the latter to surrender and apply for regular bail, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1 and 2 in view of the allegations against them.
- Whether the specific allegations of assault against petitioners 3 and 4 preclude the grant of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, authorises the Court to impose conditions on anticipatory bail in this case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 329(4), 352, 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7843 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
1. Vinay Raut @ Vinay Kumar S/O Arjun Raut Resident of village- Mishrain
tola, P.S.- Paharpur, Dist.- East Champaran.
2. Anjali Devi W/O Vinay Raut @ Vinay Kumar Resident of village- Mishrain
tola, P.S.- Paharpur, Dist.- East Champaran.
3. Gulshan Kumar S/O Arjun Raut Resident of village- Mishrain tola, P.S.-
Paharpur, Dist.- East Champaran.
4. Gita Devi W/O Bhim Raut Resident of village- Mishrain tola, P.S.-
Paharpur, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend arrest in connection with
Paharpur P.S. Case No. 175 of 2025, registered under Sections
191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(1), 109(1),
329(4), 303(2), 352 and 74 of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that co-accused
person ordered to kill the informant due to which the petitioners
along with other co-accused persons assaulted by means of
gadasa and tore the clothes of the informant due to which she
sustained head injury.
Patna High Court CR. MISC. No.7843 of 2026(2) dt.04-02-2026
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4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Learned counsel for the petitioners also submitted
that both the parties are agnates bickering over land dispute. It is
next submitted that petitioner no. 1 has dragged the informant,
petitioner no. 3 has assaulted her by means of lathi and
petitioner no. 4 has also assaulted her by means of leg and fat
due to which she sustained injuries. No specific allegation of
assault has been attributed against petitioner nos. 1 and 2. The
petitioners have got no criminal antecedent. Learned counsel for
the petitioners further submitted that other co-accused have been
granted regular bail by this Court vide order dated 24.09.2025
passed in Cr. Misc. No. 66462 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners and submitted that
specific allegation of assault have been attributed against
petitioner nos. 3 and 4 due to which the informant has sustained
injuries and the same are grievous in nature. Hence, petitioner
nos. 3 and 4 do not deserve the privilege of anticipatory bail.
6. Having considered the rival submissions made on
behalf of the parties, taking into account the specific allegation
against petitioner nos. 3 and 4, this Court is not inclined to grant
Patna High Court CR. MISC. No.7843 of 2026(2) dt.04-02-2026
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anticipatory bail to petitioner nos. 3 and 4. So far as remaining
petitioners, i.e. petitioner nos. 1 and 2 are concerned, this Court
is inclined to grant anticipatory bail to petitioner nos. 1 and 2.
7. Accordingly, the prayer for grant of anticipatory
bail to petitioner nos. 3, namely, Gulshan Kumar and petitioner
no. 4, namely, Gita Devi is hereby, rejected. However,
petitioner nos. 3 and 4 are directed to surrender in the Court
below and pray for regular bail. If any such application is filed,
the Court below shall consider and dispose of the same on its
own merit without prejudiced by this order.
8. So far as petitioner nos. 1 and 2 are concerned, let
petitioners (i.e. petitioner nos. 1 and 2), above named in the
event of arrest/surrender before the learned Court below within
a period of six weeks from today, be released on anticipatory
bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
Thousand) each with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection with
Paharpur P.S. Case No. 175 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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