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Patna High Court

Vinay Raut @ Vinay KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                                         3/3




                       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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