Patna High Court
Shatrudhan Maurya @ Shatughna MauryaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail was granted to the petitioner under Section 482(2) of the B.N.S. with prescribed bond and surety conditions.
Summary
The petitioner, Shatrudhan Maurya, sought anticipatory bail after being implicated in a case under Sections 126(2), 115(2), 118(1), 109, 351(2), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that he and others forcibly evicted a woman from a house and assaulted her. The prosecution alleged that the petitioner struck the woman’s right hand, fracturing a finger, while the petitioner contended that the incident stemmed from a land dispute between agnates and that the injuries were minor. He highlighted his clean criminal record, his willingness to cooperate with the investigation, and pointed out that a co‑accused, Bharat Singh, had already been granted anticipatory bail by a coordinate bench. The State opposed the bail, arguing the seriousness of the offences. After considering the facts, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S., noting the petitioner’s lack of antecedents and the non‑vital nature of the injury.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences
- Whether the petitioner’s clean criminal record and the minor nature of the alleged injury justify bail
- Whether the land‑dispute context and the existence of a similar bail order for a co‑accused affect the decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- land dispute
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88390 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- Krishnabraham District- Buxar
======================================================
Shatrudhan Maurya @ Shatughna Maurya Son of Suresh Singh Resident of
Village and P.O. - Barka Dhakaich, P.S. - Krishnabraham, Dist. - Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajkumari Devi W/o Garjan Singh Resident of Village and P.O - Barka
Dhakaich, P.S - Krishnabraham, District - Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
Mr. Abhimanyu Vatsa, Advocate
Mr. Sameer Sawarn, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case instituted
under Sections 126(2), 115(2), 118(1), 109, 351(2), 352 and 3(5)
of the B.N.S.
3. As per prosecution case, on the alleged date of
occurrence, when the informant was sitting at her door, the
named accused persons including petitioner came there and told
her to vacate the house as the house was sold to them by her
brother-in-law. Upon refusal, the accused persons forcibly
dragged her out of the house. The petitioner is alleged to have
given iron blow on her right hand due to which her finger got
Patna High Court CR. MISC. No.88390 of 2025(2) dt.09-01-2026
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fractured.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. The parties are agnates and there is land dispute between
them. Some free fight took place between the parties in which
both sides got injuries. Injury found on the finger of the injured
is not on vital part. Similarly situated co-accused Bharat Singh
@ Bharat Singh Maurya has been granted anticipatory bail by a
coordinate bench of this Court vide order dated 05.01.2026
passed in Cr. Misc. No.85686 of 2025. Petitioner has no
criminal antecedent and he undertakes to cooperate in the
investigation and the trial.
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 petitioner be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned concerned court in
connection with Krishnabraham P.S. Case No.131 of 2025
subject to the conditions as laid down under Section 482 (2) of
Patna High Court CR. MISC. No.88390 of 2025(2) dt.09-01-2026
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the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
harish/-
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