Patna High Court
Vijesh Natversusthe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Vijesh Nat and Varjesh Nat, sought anticipatory bail fearing arrest in a case (PS Case No. 219 of 2025) filed under multiple sections of the B.N.S., 2023, alleging they assaulted an informant and others during a boundary wall dispute. The FIR alleged that petitioner No.1 stabbed the informant with a knife and petitioner No.2 struck two persons with a rod and a knife, causing simple injuries. The petitioners contended they were innocent, that a prior counter‑case existed between the parties, the injuries were minor, and they had no criminal record. The court considered the nature of the dispute, the simplicity of the injuries, and the petitioners' clean antecedent, and found no justification for denial of bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S., 2023 in view of the alleged offences.
- Whether the alleged acts constitute serious offences warranting denial of bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 76
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- assault
- simple injury
- boundary dispute
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8884 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- JALALPUR District- Saran
======================================================
1. Vijesh Nat Son of Suresh Nat R/o Village - Vishunapura, Jalalpur, P. S -
Jalalpur, District - Saran at Chapra.
2. Varjesh Nat @ Brajesh Nut Son of Suresh Nat R/o Village - Vishunapura,
Jalalpur, P. S - Jalalpur, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 27-04-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in connection
with Jalalpur P.S. Case No. 219 of 2025 dated 01.10.2025
registered under Section 126(2), 115(2), 118(1), 76, 109, 352,
351(2), 3(5) of the B.N.S., 2023.
3. As per the F.I.R. on 25.09.2025 while the informant
was engaged in fencing his boundary wall, the petitioners along
with one Suresh Nut surrounded him and started abusing him.
Upon protest, the petitioner no. 1 attacked him on his neck with
a knife which hit his left arm and back and he got cut injury and
the petitioner no. 2 hit one Sudarshan on the head with a rod
inflicting head injury and blood started oozing out. The
Patna High Court CR. MISC. No.8884 of 2026(3) dt.27-04-2026
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petitioner no. 2 also attacked one Neetu Kumari with a knife
which hit the right side of her back.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have not committed any
offence in the manner alleged. The petitioners and the informant
are co-villagers and due to previous enmity the name of the
petitioners has been dragged in this case. There is case and
counter case between the parties inasmuch as the father of the
petitioners has lodged Jalalpur P.S. Case No. 220 of 2025
against the informant for an incident which has taken place on
the same date and time. The injured persons have sustained
simple injury and the petitioners have got no criminal
antecedent.
5. Regard being had to the submission made by the
parties, taking into consideration the fact that the occurrence
took place over an issue of fencing of the boundary wall, there
is case and counter case between the parties, the injuries are
simple in nature and the petitioners have no criminal antecedent,
accordingly, I am inclined to grant anticipatory bail to the
petitioners.
6. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
Patna High Court CR. MISC. No.8884 of 2026(3) dt.27-04-2026
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court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
J.M. 1st Class Saran at Chapra in connection with Jalalpur P.S.
Case No. 219 of 2025 subject to the condition as laid down
under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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