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Patna High Court

Raviranjan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, considering the facts and the petitioners’ willingness to cooperate, anticipatory bail could be granted under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners were accused of forcibly occupying land and cutting sugarcane, leading to an assault on an informant, under multiple sections of the Bharatiya Nagrik Suraksha Sanhita. They applied for anticipatory bail, claiming innocence and alleging that the case stemmed from a land dispute. The State opposed the bail, arguing the seriousness of the offences. The court examined the facts, the petitioners' willingness to cooperate, and the nature of the alleged injuries. It ordered that the petitioners be released on bail, subject to a bond of Rs.10,000 with two sureties each, and conditions under Section 482(2) of the B.N.S.S., 2023. The order was made on the condition that the petitioners surrender within six weeks if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S., 2023 despite the serious nature of the alleged offences.
  • Whether the allegations constitute a grave threat warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita
  • bail conditions
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79539 of 2025
                   Arising Out of PS. Case No.-66 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Raviranjan Kumar S/O Shatrudhan Yadav R/O Village- Sataha, P.S-
                  Paharpur, Dist.- East Champaran.
           2.    Rakesh Kumar S/O Shatrudhan Yadav R/O Village- Sataha, P.S- Paharpur,
                 Dist.- East Champaran.
           3.    Dinanath Yadav S/O Late Kapildev Yadav R/O Village- Sataha, 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
                 For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   07-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Harsiddhi P.S. Case No. 66 of 2025, instituted under

                   Sections 115(2), 119, 223, 303(2), 329(3), 351, 352, 3(5), 119(1)

                   of the B.N.S.

                                3. As per the prosecution case, on 16.01.2025,

                   petitioners along with F.I.R. named accused persons forcibly

                   occupied the land of the informant and were cutting the

                   sugarcane. Then the police of Harsiddhi Police Station came and

                   stopped them, but they did not listen upon which the police

                   submitted a report to the Sub-Divisional Officer, Areraj. The
Patna High Court CR. MISC. No.79539 of 2025(2) dt.07-01-2026
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          Sub-Divisional Officer, Areraj imposed a complete ban on going

          to the said land. In spite of aforesaid order, the accused persons

          again started cutting sugarcane on 05.02.2025. When the

          informant went to enquire, the accused persons assaulted the

          informant causing injury.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case due to land dispute. Allegation against the petitioners are

          general in nature. Injury report of the injured shows that the

          injury is not grievous in nature. Petitioners have one criminal

          antecedent in which they are on bail. They undertake to co-

          operate in the investigation and trial.

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

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case and submission of learned counsel for the parties, in the

          event of arrest or surrender before the Court below within six

          weeks from today, the petitioners be released on bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

          two sureties of the like amount each to the satisfaction of

          learned Judicial Magistrate F.C., Motihari, East Champaran in

          connection with Harsiddhi P.S. Case No. 66 of 2025, subject to
              Patna High Court CR. MISC. No.79539 of 2025(2) dt.07-01-2026
                                                          3/3




                        the conditions laid down in Section 482 (2) of the Bharatiya

                        Nagrik Suraksha Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J.)
rakhi/-

U         T


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