Patna High Court
Aniket RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied to the petitioners.
Summary
The petitioners, four residents of Delho village, applied for anticipatory bail after being named in FIR No.273 of 2024 for alleged assault, robbery and other offences under various sections of the Indian Penal Code. They claim innocence, alleging that the case stems from a land dispute with the informant and that they have no prior criminal record. The State opposed the bail, emphasizing the specific allegations in the FIR, including assault with weapons and theft of valuables. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances insufficient for such relief. However, the Court directed the trial court to entertain a regular bail application if the petitioners surrender within six weeks, allowing the matter to be decided on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the facts and allegations in the FIR
- Whether the nature of the offences alleged under the IPC warrants denial of anticipatory bail
Legislation cited
- Indian Penal Code — s. 109, 115, 117, 126, 190, 191, 303, 351, 352, 76
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- theft
- land dispute
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8109 of 2026
Arising Out of PS. Case No.-273 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
1. Aniket Rai S/o Vikram Rai Resident of village - Delho, P.S.- Madhuban,
Distt.- East Champaran
2. Akash Kumar @ Raja Kumar S/o Satyendra Rai Resident of village - Delho,
P.S.- Madhuban, Distt.- East Champaran
3. Vikram Rai S/o Late Ram Vilash Rai Resident of village - Delho, P.S.-
Madhuban, Distt.- East Champaran
4. Satyendra Rai S/o Late Dharikshan Rai Resident of village - Delho, P.S.-
Madhuban, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv.
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with
Madhuban P.S. Case No.273 of 2024 under Sections 191(2),
191(3), 190, 126(2), 115, 117, 109, 303(2), 76, 352, 351(2),
351(3) of the BNS, 2023, which is pending before the court of
Judicial Magistrate-1st class, Sadar at Motihari, East
Champaran.
3. As per the prosecution, the FIR has been lodged
Patna High Court CR. MISC. No.8109 of 2026(3) dt.01-04-2026
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against six named accused persons including the petitioners with
allegation that they have assaulted the informant and her son
with lathi -danda and pipe of the rifle due to which injury has
been caused. They also snatched her mangalsutra and
Rs.10,000/- from her bag and pulled off her clothes and torn
them.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that the petitioners have been falsely implicated in this
case. He further submits that both the parties are neighbour and
due to land dispute, the said occurrence took place.
5. Counsel also submits that antecedent of the
petitioners is clean. He further submits that the injury caused to
the son of the informant was simple except injury No.4. which
is grievous in nature.
6. Learned APP for the State opposes the prayer for
bail and the petitioners are named in the FIR. There is specific
allegation against the petitioners.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioners,
therefore the bail application of the petitioners is hereby
rejected.
Patna High Court CR. MISC. No.8109 of 2026(3) dt.01-04-2026
3/3
8. However, trial court is directed to consider the
regular bail application of the petitioners, if they surrender
within six weeks and pray for regular bail, then trial court shall
pass order on merit, without being prejudice of the present
order.
(Dr. Anshuman, J)
Prakashmani/-
U T
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