Patna High Court
Raushan Kumar @ BihariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, Raushan Kumar and Ranjan Kumar, sought anticipatory bail fearing arrest in a case involving multiple IPC offences such as assault, robbery and criminal intimidation. The prosecution alleged that the petitioners, along with others, forcibly entered an informant's house, misbehaved with female members and assaulted the family. The petitioners contended that the incident was a petty village dispute resulting in only minor injuries, and that they have clean antecedents; they also highlighted that a co‑accused had previously been granted anticipatory bail in a similar case. The State opposed the bail, arguing the seriousness of the charges. Considering the general nature of the accusations, the minor injuries, the petitioners' clean records and the principle of parity, the Court allowed the prayer for anticipatory bail, directing that they be released on a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the serious nature of the offences alleged
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- IPC offences
- clean antecedents
- parity
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90132 of 2025
Arising Out of PS. Case No.-236 Year-2022 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Raushan Kumar @ Bihari S/o Sunil Kumar Mehta R/o Village -Bhadeji P.S.-
Muffasil, District -Gaya
2. Ranjan Kumar @ Amit Raj Mehta S/o Bachu Prasad R/o Village -Bhadeji
P.S.-Muffasil, District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prithivi Raj Singh, Advocate
For the State : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 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 341, 323,
504, 506, 448, 379, 354, 308 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
forcibly entered the house of informant, misbehaved with the
female members and assaulted informant and her family
members.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.90132 of 2025(2) dt.10-02-2026
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have committed no offence. As a matter of fact, both parties are
co-villagers and due to petty dispute, simple maar-peet took
place in which both sides sustained injuries. Doctor has found
the injuries, allegedly caused by these petitioners, simple in
nature. Rest of the allegations are ornamental in order to make
the case grave. It is further submitted that co-accused Ajay
Kumar, having similar and identical allegations, has already
been granted the privilege of anticipatory bail by this Hon’ble
Court vide order dated 14.05.2024 passed in Cr. Misc. No.
28148 of 2024. Petitioners claim clean antecedents.
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, nature of
injuries sustained by the injured, claim based on parity and
clean antecedents of the petitioners, 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
Patna High Court CR. MISC. No.90132 of 2025(2) dt.10-02-2026
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amount each to the satisfaction of learned C.J.M., Gaya in
connection with Muffasil P.S. Case No. 236 of 2022, 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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