Patna High Court
Khokha Das @ Khokha RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to a bail‑bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Khokha Das, Munil Das and Sunil Das, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant and her family. The prosecution alleged that the petitioners, along with other accused, entered the informant’s house and attacked them with weapons, causing injuries. The petitioners contended that the dispute arose from a pending land conflict and that the incident was a mutual fight, with no specific overt act alleged against them and the injuries being simple. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the nature of the accusations, the injuries, and the case‑and‑counter‑case scenario, granted anticipatory bail subject to a bail‑bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if the petitioners are arrested or surrender within eight weeks, they may be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the charges under Sections 126(2), 190, 191(2), 329(4), 115(2), 76, 303(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita
- Whether the prosecution has established a specific overt act sufficient to deny bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to impose conditions on the anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 352, 76
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8565 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
1. Khokha Das @ Khokha Ravidas Son of Late Bishundeo Das Resident of
village- Parghari PS -Sabour District -Bhagalpur
2. Munil Das son of Late Bhutki Das @ Bhuto Das Resident of village- Tarar
Ps- Tarar, Dist- Bhagalpur
3. Sunil Das @ Sunil Kumar Das Son of Late Bhutki Das @ Bhuto Das
Resident of village- Tarar Ps- Tarar, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 190, 191(2),
329(4), 115(2), 76, 303(2), 351(2), 352 of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, these petitioners along
with other F.I.R. named accused persons entered the house of
informant, abused and assaulted informant and her family
members by means of katta, knife, iron rod as a result of which
informant and her family members sustained injuries.
Patna High Court CR. MISC. No.8565 of 2026(2) dt.23-02-2026
2/2
4. Learned counsel for the petitioners submits that
both petitioners and informant are co-sharers and due to pending
land dispute, a free fight took place between the parties in which
both sides inflicted injuries on each other. Case and counter
case. Allegation of assault is general and omnibus and there is
no allegation of any specific overt act against these petitioners.
Injuries sustained by the injured are simple in nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
case and counter case, this anticipatory bail is allowed and it is
ordered that let the above named petitioners 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 Chief Judicial Magistrate,
Bhagalpur in connection with Sabour P. S. Case No. 288 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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