Created by Fuzzy Cloud

Patna High Court

Vokau Rao @ vijay Kumar Rai @ vijay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS Act — s. 109, 115(2), 122(2), 124(2), 303(2), 3(5), 351(2), 352
  • BNSS — s. 482(2)

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
                 ======================================================
           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
                 ======================================================
                 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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.