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Patna High Court

Harichandra BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners with conditions, as the injury was non‑vital and the dispute was a civil land matter.

Summary

The petitioners sought anticipatory bail fearing arrest in a land‑dispute case where an FIR (Guthani PS Case No.242 of 2025) alleged offences under several sections of the Bihar Non‑Statutory (BNS) Act, 2023, including assault. The prosecution alleged that the petitioners forcibly planted paddy on disputed land and assaulted an informant with an iron rod, causing a non‑vital injury. The petitioners argued that the dispute was merely a case‑and‑counter‑case, that no specific assault allegation was made against petitioners 2 and 3, and that the injury was not to a vital part of the body. The court noted the admitted land dispute, the lack of serious injury, and the absence of specific allegations against two petitioners, and therefore granted anticipatory bail subject to a Rs 10,000 bond per petitioner, two sureties, and conditions under CrPC Section 438(2) and BNS Section 482(2). The bail order required cooperation with the trial, presence in court, and allowed cancellation if evidence was tampered with or criminal antecedents were concealed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the BNS Act, 2023.
  • Whether the nature of the injury and the land‑dispute context justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • Criminal Procedure Code
  • Bihar Non‑Statutory Act
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89145 of 2025
                       Arising Out of PS. Case No.-242 Year-2025 Thana- GUTHANI District- Siwan
                 ======================================================
           1.     Harichandra Bhagat S/o- Late Ram Narayan Bhagat
           2.    Hare Ram Kushwaha S/o- Premchand Kushwaha
           3.    Dharmendra Kushwaha S/o- Jagdish Bhagat
                 All are Resident Of Village- Kudesar,PO- Belauri, Ps- Guthani, Dist-Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr.Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                  Heard Mr.Ajay Kumar Tiwary, learned counsel for

                   the petitioners and Mr.Md. Ataur Rahman, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Guthani P.S.Case No.242 of 2025, FIR dated

                   10.07.2025, registered for the offences punishable under

                   Sections 126(2),115(2),117(2),303(2),352,351(2),3(5) of BNS,

                   2023.

                                3. As per the prosecution case, petitioner alongwith

                   other FIR named accused were planting paddy crops forcibly on

                   his Bainama land, which in the name of Ramaand Chaudhary

                   since 1969) on which he has been paying rent to government.
Patna High Court CR. MISC. No.89145 of 2025(2) dt.12-01-2026
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          When informant went there then petitioner No.1 assaulted him

          with iron rod and all other accused persons assaulted with lathi

          and danda.

                       4. Learned counsel for the petitioners submits that it

          appears from the FIR itself that due to admitted land dispute the

          present occurrence had taken place. There is case and counter

          case. Although the petitioners are named in the FIR but from a

          bare perusal of the FIR it appears that there is no specific

          allegation of any assault or overt-act attributed against

          petitioner Nos.2 and 3. There is specific allegation against

          petitioner No.1 that he assaulted to the informant causing injury

          on his finger which is not on the vital part of the body of the

          informant.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for anticipatory bail of the

          petitioners and submits that the petitioner Nos.2 and 3 carries

          one more case and petitioner No.1 carries two more cases other

          than the present one but fairly submits that the petitioners are on

          bail in the pending matters, as mentioned in para-3 of the bail

          petition.

                       6. Considering the aforesaid facts, due to admitted

          land dispute the present occurrence had taken place, there is
Patna High Court CR. MISC. No.89145 of 2025(2) dt.12-01-2026
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          case and counter case and injury inflicted upon the informant is

          not on the vital part of the body, let the petitioners, above

          named, in the event of their arrest or surrender before the court

          below within a period of thirty days from the date of receipt of

          the order, be released 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 Judicial Magistrate

          1st Class, Siwan in connection with Guthani P.S.Case No.242 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/Section 482(2) of

          BNSS,2023 and with other following conditions:-

                       (I) Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bonds shall be cancelled by the Court below.

                       (II) If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage, it is found that the petitioners have concealed their
               Patna High Court CR. MISC. No.89145 of 2025(2) dt.12-01-2026
                                                           4/4




                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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