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Patna High Court

Khokha Das @ Khokha RavidasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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