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Patna High Court

Ravindra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioners No.2, No.3 and No.5, denied to petitioner No.4, and the application of petitioner No.1 was dismissed as withdrawn.

Summary

The petitioners, five residents of Salempur, filed an anticipatory bail application in connection with a case alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita. Petitioner No.1 withdrew his application after being arrested, and the court dismissed his bail request. The State opposed bail for all petitioners, highlighting that petitioner No.4 allegedly inflicted grievous injury with an iron rod. The court refused anticipatory bail to petitioner No.4 on the basis of the seriousness of the injury, but granted bail to petitioners No.2, No.3 and No.5 subject to a cash bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also directed that the bail be effected by the Judicial Magistrate, 1st Class, Bhojpur within eight weeks of the order.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No.1 after his arrest
  • Whether anticipatory bail should be granted to petitioner No.4 despite alleged grievous injury
  • Whether anticipatory bail should be granted to petitioners No.2, No.3 and No.5 in view of the charges under the Bharatiya Nyaya Sanhita

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • assault
  • robbery
  • Bharatiya Nyaya Sanhita
  • Section 482(2)
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83506 of 2025
                       Arising Out of PS. Case No.-109 Year-2025 Thana- CHANDI District- Bhojpur
                 ======================================================
           1.     Ravindra Singh Son of Late Deonandan Singh Resident of village-
                  Salempur, P.S.- Chandi, District- Bhojpur.
           2.    Manu Kumar Son of Krishna Bhagwan Singh. Resident of village-
                 Salempur, P.S.- Chandi, District- Bhojpur.
           3.    Guddu Singh @ Guddu Kumar Son of Degree Yadav. Resident of village-
                 Salempur, P.S.- Chandi, District- Bhojpur.
           4.    Hari Shankar Singh @ Hari Shankar Kumar Son of Ravindra Singh.
                 Resident of village- Salempur, P.S.- Chandi, District- Bhojpur.
           5.    Gangoli Singh @ Gangoli Kumar @ Gangoli Yadav Son of Surendra Yadav
                 Resident of village- Salempur, P.S.- Chandi, District- Bhojpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satyendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                  At the outset, learned counsel for the petitioners seeks

                   permission to withdraw this anticipatory bail application with

                   regard to petitioner no. 1 as he has already been arrested during

                   pendency of the case.

                                2. Permission is granted.

                                3. This anticipatory bail application with regard to

                   petitioner no. 1 is, accordingly, dismissed as withdrawn.

                                4. Heard learned counsel for the petitioners and the

                   State.
Patna High Court CR. MISC. No.83506 of 2025(2) dt.06-01-2026
                                            2/3




                       5. Petitioner nos. 2 to 5 apprehend arrest in a case

          registered for the offences punishable under Sections 126(2),

          115(2), 110, 303(2), 117(2), 117(3), 117(4), 352, 351(2), 3(5) of

          the Bharatiya Nyaya Sanhita.

                       6. As per prosecution case, on 30.6.25 at about 2 PM,

          when informant along with his brother was returning home, all

          the F.I.R. named accused persons, armed with weapons,

          surrounded and brutally assaulted them. It is further alleged that

          when Usha Devi came to save them, she was also assaulted by

          these petitioners and they also snatched Rs. 1,50,000/- cash and

          gold chain from the brother of informant.

                       7. Learned counsel appearing for the petitioners

          submits that petitioners are innocent and have committed no

          offence. Present case is counter blast of Chandi P. S. Case No.

          73 of 2023 which was lodged by the father of petitioner no. 2

          and others. Allegation of assault is general and omnibus. F.I.R.

          has been lodged after inordinate delay of ten days and there is

          no explanation for the same which itself creates doubt over

          veracity of the prosecution case.

                       8. Learned A.P.P. for the State opposed the bail

          application and submits that petitioner No. 4 assaulted the

          brother of informant with iron rod as a result of which he
              Patna High Court CR. MISC. No.83506 of 2025(2) dt.06-01-2026
                                                          3/3




                        sustained grievous injury.

                                     9. In view of the fact that petitioner No. 4 caused

                        grievous injury, prayer for anticipatory bail of petitioner No.

                        4 is refused. However, considering the nature of accusation

                        against petitioner Nos. 2, 3 & 5, the anticipatory bail with

                        regard to petitioner Nos. 2, 3 & 5 is allowed and it is ordered

                        that the above named petitioner Nos. 2, 3 & 5 in the event of

                        their arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) each with two sureties of

                        the like amount each to the satisfaction of Judicial Magistrate,

                        1st Class, Bhojpur at Ara in connection with Chandi P. S. Case

                        No. 109 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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