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Patna High Court

Dilip Prasad Baranwal @ Dilip Kumar BaranwalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
              Patna High Court CR. MISC. No.87554 of 2025(2) dt.12-01-2026
                                                          3/3




                        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/-

U         T


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