Patna High Court
Dilip Prasad Baranwal @ Dilip Kumar BaranwalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, Dilip Prasad Baranwal and his son Vinay Kumar, sought anticipatory bail fearing arrest in a case (Jhajha P.S. Case No.433 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging assault on an informant over a lock and land dispute. The prosecution alleged that the petitioners assaulted the informant, causing injuries, while the petitioners contended they were falsely implicated, asserting familial ties to the informant and that the injuries were minor. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts and submissions, granted anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.10,000 each with sureties, and subject to Section 482(2) of the B.N.S., 2023, if arrested within six weeks. The order effectively released the petitioners from immediate custody pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(1), 118(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- land dispute
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87554 of 2025
Arising Out of PS. Case No.-433 Year-2025 Thana- JHAJHA District- Jamui
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1. Dilip Prasad Baranwal @ Dilip Kumar Baranwal S/o Late Lakhan Prasad
Barnwal R/o Village- Purani Bazar, Gandhi Chowk, Jhajha, Police Station-
Jhajha, District – Jamui.
2. Vinay Kumar @ Bikku S/o Dilip Prasad Barnwal @ Dilip Prasad Baranwal
R/o Village- Purani Bazar, Gandhi Chowk, Jhajha, Police Station- Jhajha,
District – Jamui.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Jhajha P.S. Case No.433 of 2025 instituted under Sections
126(2), 115(2), 117(1), 118(2), 109, 351(2), 352, 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, the elder brother of
informant who is petitioner no.1 is married but the informant is
still a bachelor and there is partition between them and they are
in their respective possession. It is alleged that on 28.08.2025
when the informant returned, he found his room was locked and
when the informant inquired about that, the accused persons
Patna High Court CR. MISC. No.87554 of 2025(2) dt.12-01-2026
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became furious and started abusing the informant. It is further
alleged that when the informant protested, the petitioner no.1
smashed down him on the earth causing injury and petitioner
no.2 gave blow by means of iron rod causing injury to him.
4. Learned counsel for the petitioners submits that
petitioners are innocent and has been falsely implicated in this
case. He further submits that the petitioner no.1 is full brother of
informant and petitioner no.2 is son of petitioner no.1 and the
dispute arose between the parties is regarding the lock of room.
Learned counsel submits that there is land dispute between the
parties. He further submits that due to falling of informant on
earth, his right hand was fractured and except the said injury, the
other injuries are simple in nature. Learned counsel submits that
the petitioners have got clean antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
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sureties of the like amount to each to the satisfaction of the
learned Chief Judicial Magistrate, Jamui/ concerned Court in
connection with Jhajha P.S. Case No.433 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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