Patna High Court
Dilip RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that where the accusations are vague and there is a reciprocal case‑and‑counter‑case, anticipatory bail may be granted notwithstanding the gravity of the IPC offences.
Summary
The petitioners, who are relatives involved in a long‑standing land dispute, sought anticipatory bail after the police registered a case alleging they participated in a violent assault on 06‑06‑2021, charging them under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code. The petitioners contended that the allegations were general, omnibus and that both sides inflicted injuries, resulting in a case‑and‑counter‑case scenario. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the accusations and the existence of reciprocal claims, concluding that the lack of specific overt acts against the petitioners justified granting anticipatory bail. Consequently, the Court ordered that if arrested within eight weeks, each petitioner be released on bail of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted despite serious IPC charges when the allegations are general and omnibus.
- Whether the existence of a case and counter‑case in a land‑dispute precludes the grant of anticipatory bail.
- Whether the petitioners’ alleged involvement warrants denial of bail under the cited IPC sections.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 341, 504, 506
Subjects
- anticipatory bail
- land dispute
- assault
- Indian Penal Code
- Criminal Procedure Code
- case and counter‑case
- general and omnibus accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88647 of 2025
Arising Out of PS. Case No.-264 Year-2021 Thana- AMARPUR District- Banka
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1. Dilip Rai Son of Late Jagdish Rai All are Residents of Village - Gadal,
Police Station -Amarpur, District - Banka.
2. Anirudh Rai @ Anrud Ray Son of Late Mangru Rai R/o Village - Gadal, P.S.
- Amarpur, Dist. - Banka.
3. Jitendra Rai Son of Late Shiv Rai @ Shiv Narayan Ray All are Residents of
Village - Gadal, Police Station -Amarpur, District - Banka.
4. Anita Devi Wife of Nakul Rai All are Residents of Village - Gadal, Police
Station -Amarpur, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Md. Nurul Hoda, Advocate
For the State : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 02-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 147, 149,
341, 323, 307, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on
06.06.2021, due to land dispute, all F.I.R. named accused
persons, including these petitioners, assaulted informant and his
family members with lathi, danda, bow, arrow, sword, catapult,
bricks and stones due to which, they sustained multiple injuries.
Patna High Court CR. MISC. No.88647 of 2025(3) dt.02-02-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Both parties are close relatives and
descendants of same ancestors. On alleged date and time of
occurrence, on account of long standing land dispute, altercation
took place between the parties in which both sides inflicted
injuries on each other. There is case and counter-case.
Allegation of assault is general and omnibus and no specific
accusation of overt act has been alleged against these
petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and case and
counter-case, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Banka in
Patna High Court CR. MISC. No.88647 of 2025(3) dt.02-02-2026
3/3
connection with Amarpur P.S. Case No. 264 of 2021, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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