Patna High Court
Raviranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 119, 119(1), 223, 303(2), 329(3), 3(5), 351, 352, 482(2)
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
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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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