Patna High Court
Vokau Rao @ vijay Kumar Rai @ vijay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, a family of five from Akbarpur, applied for anticipatory bail fearing arrest in a case registered under Sections 124(2), 115(2), 109, 303(2), 122(2), 352, 351(2) and 3(5) of the BNS Act, 2023, arising from a land‑dispute incident involving alleged assault and robbery. They contended that only one petitioner has a prior case, the others are women with clean records, and that the FIR does not specifically allege that they committed the assaults, especially the women. The State opposed the bail, arguing the seriousness of the offences. The court examined the FIR, noted the lack of direct accusation against the petitioners, and held that granting anticipatory bail would not impede the investigation. Accordingly, under Section 482(2) of the BNSS, the court ordered anticipatory bail with a bond of Rs.10,000 and two sureties for each petitioner, subject to the usual conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious charges under the BNS Act, 2023
- Whether the FIR specifically implicates the petitioners, particularly the women, in the alleged assaults
- Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied to justify anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- BNS Act
- land dispute
- false implication
- women defendants
- bond and surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86187 of 2025
Arising Out of PS. Case No.-636 Year-2025 Thana- DARIYAPUR District- Saran
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1. Vokau Rao @ vijay Kumar Rai @ vijay Rai Son of Vishram Rai Resident Of
Village- Akbarpur Ps- Dariyapur Distt -Saran
2. Baby Devi wife of vokau Rao @ vijay Kumar Rai @ Vijay rai Resident Of
Village- Akbarpur Ps- Dariyapur Distt -Saran
3. Shilpi Kumari Daughter of vokau Rao @ Vijay Kumar Rai @ Vijay Rai
Resident Of Village- Akbarpur Ps- Dariyapur Distt -Saran
4. Rachna Kumari @ Rachani Kumari Daughter of Vokau Rao @ vijay Kumar
Rai @ Vijay rai Resident Of Village- Akbarpur Ps- Dariyapur Distt -Saran
5. Gitanjali Kumari Daughter of vokau Rao @ Vijay Kumar Rai @ Vijay Rai
Resident Of Village- Akbarpur Ps- Dariyapur Distt -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 124(2),
115(2), 109, 303(2), 122(2), 352, 351(2) and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioner nos. 2,
3, 4 and 5 are persons with clean antecedent and are women and
Patna High Court CR. MISC. No.86187 of 2025(2) dt.20-01-2026
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the informant alleges that on 01.10.2025 at 08:00 AM, he came
to know that someone has put boundary on his purchased land,
accordingly, he along with his son went to the place of
occurrence and enquired when Vikash assaulted his son Rakesh
by dab causing injury on head and when his other son Mukesh
came to save him, he was also assaulted by the accused persons
including the petitioners with lathi, bhala and iron rod and they
snatched cash, mobile and golden chain, further Ritik assaulted
the informant by an iron rod causing fracture of hand.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that on
account of dispute relating to land, the occurrence is alleged to
have taken place. It is also submitted that no specific allegation
of assault is alleged against the petitioners and even women
members have been implicated. It is next submitted that specific
allegation of assaulting the son of informant is against Vikash
and Ritik is alleged to have assaulted the informant by an iron
rod causing fracture of hand, but then Vikash and Ritik are not
petitioners in the instant anticipatory bail application.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.86187 of 2025(2) dt.20-01-2026
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anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Dariyapur P.S. Case No. 636 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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