Patna High Court

Bipin kumarversusThe State of Bihar

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

Holding

The High Court allowed anticipatory bail to the petitioners, subject to a bond and conditions under Section 482 B.N.S.S.

Summary

The petitioners, five residents of Nakati Devi Road, Dighwara, sought anticipatory bail fearing arrest in a case registered under numerous sections of the Bharatiya Nyaya Sanhita arising from a fight between the children of the parties. The prosecution alleged that the dispute escalated into a free fight causing injuries, leading to charges including assault, rioting and other offences. The petitioners contended they were falsely implicated due to village politics and pointed out that similarly situated co‑accused had earlier been granted anticipatory bail by the same court. The State opposed the bail application. After considering the nature of the accusations and the circumstances, the court granted pre‑arrest bail to all petitioners, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482 of the B.N.S.S.

Issues considered

Whether the petitioners are entitled to anticipatory/pre‑arrest bail under the inherent powers of the High Court under Section 482 of the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 118(2), 125(a), 125(b), 126(2), 190, 191(2), 191(3), 223, 324(4), 351(2), 352, 482, 61(2)

Subjects

anticipatory bail
pre‑arrest bail
Bharatiya Nyaya Sanhita
Section 482
village politics
criminal procedure
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85658 of 2025
                       Arising Out of PS. Case No.-253 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
           1.     Bipin kumar Son of Raju Patwa Resident of Village-Nakati Devi Road, p.s.-
                  Dighwara, Dist- Saran at Chapra
           2.    Vivek Kumar son of Late Mahesh Prasad Resident of Village-Nakati Devi
                 Road, p.s.- Dighwara, Dist- Saran at Chapra
           3.    Sunil Kumar Patwa son of Raju Patwa Resident of Village-Nakati Devi
                 Road, p.s.- Dighwara, Dist- Saran at Chapra
           4.    Vishunu Kumar @ Raja son of Santosh Kumar Pathrwa Resident of Village-
                 Nakati Devi Road, p.s.- Dighwara, Dist- Saran at Chapra
           5.     Sharda Devi Wife of Lalan Prasad Resident of Village-Nakati Devi Road,
                  p.s.- Dighwara, Dist- Saran at Chapra
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, 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 arrest in a case registered for

                   the offences punishable under sections 191(2), 191(3), 190, 223,

                   126(2), 115(2), 118(1), 117(2), 118(2), 109, 125(a), 125(b),

                   324(4), 352, 351(2), 61(2) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, dispute between children

                   of both parties led to marpit in which both sides inflicted

                   injuries on each other.

                                4. It is submitted on behalf of the petitioners that these

                   petitioners are innocent and have falsely been implicated in this
            Patna High Court CR. MISC. No.85658 of 2025(2) dt.09-02-2026
                                                        2/2




                      case due to dirty village politics. Dispute between children of

                      both parties led to free fight in which both sides sustained

                      injuries. Case and counter case. Allegation of assault is general

                      and omnibus in nature. It is further submitted that similarly

                      situated co-accused persons have already been granted

                      anticipatory bail by this Court vide order dated 07.10.2025

                      passed in Cr. Misc. No. 68648 of 2025.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      pre-arrest bail.

                                   6. Considering the nature of accusation and other facts

                      and circumstances of the case, prayer for bail of all these

                      petitioners is allowed. In the event of arrest/surrender within

                      eight weeks from today, let these petitioners, mentioned 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 Additional Chief Judicial Magistrate I, Saran at

                      Chapra in Dighwara Police Station Case No. 253 of 2025,

                      subject to the conditions laid down under section 482 of the

                      B.N.S.S.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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