Patna High Court
Harichandra BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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