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Patna High Court

Aniket RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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