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Patna High Court

Raushan Kumar @ BihariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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