Patna High Court

Phuleshwar RaiversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioners, subject to conditions under section 482(2) of the BNSS.

Summary

The petitioners, four residents of Bardiha Turki, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant. The prosecution alleged that on 10 June 2025 the petitioners, along with other accused, attacked the informant with weapons, causing injury. The petitioners contended that the dispute was a long‑standing land conflict, the assault allegation was vague, and the injury report showed only a single wound, undermining the prosecution's case. They also pointed to a prior order granting anticipatory bail to co‑accused in a similar matter. The State opposed the bail. Considering the nature of the accusations and the circumstances, the Court allowed anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties each, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita offences alleged
Whether the allegations and injury report justify denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 127(2), 190, 191(2), 329(3), 351(2), 352

Subjects

anticipatory bail
assault
land dispute
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85345 of 2025
                       Arising Out of PS. Case No.-206 Year-2025 Thana- PATEPUR District- Vaishali
                 ======================================================
           1.     Phuleshwar Rai S/O Ram Bilash Rai R/O Vill- Bardiha Turki, P.S.- Patepur,
                  District- Vaishali
           2.    Mahesh Rai S/O Ram Shobhit Rai R/O Vill- Bardiha Turki, P.S.- Patepur,
                 District- Vaishali
           3.    Naresh Rai S/O Ram Shobhit Rai R/O Vill- Bardiha Turki, P.S.- Patepur,
                 District- Vaishali
           4.    Nageshwar Rai S/O Ram Lakhan Rai R/O Vill- Bardiha Turki, P.S.- Patepur,
                 District- Vaishali

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

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

2   09-02-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offences punishable under sections 191(2),

                   190, 127(2), 115(2), 109, 329(3), 352 and 351(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, informant namely,

                   Mahdendra Ray alleged that on 10.06.2025 at about 01:00 PM,

                   all the 13 F.I.R. named accused persons, including these

                   petitioners, armed with lathi, danda , farsa and iron rod, abused
Patna High Court CR. MISC. No.85345 of 2025(2) dt.09-02-2026
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          and assaulted informant due to which he sustained injury.

                       4. Learned counsel for petitioners contended that both

          the parties are co-villagers and land dispute is going on since

          long between the parties. Allegation of assault against these

          petitioners is general and omnibus. As per F.I.R. 13 named

          accused persons assaulted informant but as per injury report,

          informant sustained only one injury which itself falsifies the

          entire prosecution. It is further submitted that similarly situated

          co-accused persons have already been granted anticipatory bail

          by this Court vide order dated 13.10.2025 passed in Cr. Misc.

          No. 71504 of 2025.

                       5. Learned counsel for the State opposed the bail

          petition.

                       6. Considering the nature of accusation and other

          circumstances of the case, this anticipatory bail is allowed and it

          is ordered that in the event of arrest or surrender within eight

          weeks from today, let the petitioners, as named above, 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 the learned Chief Judicial Magistrate, Vaishali at

          Hajipur in connection with Patepur P.S. Case No. 206 of 2025,

          subject to the conditions laid down under section 482 (2) of the
              Patna High Court CR. MISC. No.85345 of 2025(2) dt.09-02-2026
                                                          3/3




                        Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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