Patna High Court
Rishi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNS.
Summary
The petitioners, three siblings from Daudnagar, sought anticipatory bail fearing arrest in a case (PS No. 582/2025) alleging offences under sections 109, 190, 191(2), 126(2), 115(2) and 117(2) of the Bihar Negotiable Statutes (BNS). The FIR alleged that they, along with others, assaulted the informant and his family during a dispute over road construction on the informant's land. The petitioners argued that both parties are co‑villagers, there exists a counter‑case filed by a relative of the third petitioner, and the medical report shows only simple injuries, undermining the seriousness of the allegations. The State opposed the bail, but the Court noted the existence of a case‑and‑counter‑case, the trivial nature of the injuries, and the lack of a specific overt act against the petitioners. 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 BNS, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted in view of the FIR alleging offences under sections 109, 190, 191(2), 126(2), 115(2) and 117(2) of the BNS.
- Whether the existence of a counter‑case and the nature of the alleged injuries justify denial of bail.
Subjects
- anticipatory bail
- FIR
- counter case
- simple injuries
- Section 482(2) BNS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90348 of 2025
Arising Out of PS. Case No.-582 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
1. Rishi Kumar S/o Jitendra Singh Resident of Village- Dhanav, P.S.-
Daudnagar, District- Aurangabad
2. Meena Devi D/o Jitendra Singh Resident of Village- Dhanav, P.S.-
Daudnagar, District- Aurangabad
3. Sant Kumar S/o Jitendra Singh Resident of Village- Dhanav, P.S.-
Daudnagar, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh,Adv.
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard Mr. Rakesh Singh, learned counsel for the
petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Daudnagar P.S. Case No. 582 of 2025 for the
offence punishable under sections 109, 190, 191(2), 126(2),
115(2), 117(2) of the BNS lodged on 09.09.2025 by the
informant.
3. As per the prosecution case, the allegation against
the petitioners is that they along with other accused persons
were constructing a road on his purchased land which was
opposed by him and his family upon which, the petitioners and
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other accused persons assaulted the informant and his family
members by means of Lathi, iron rod and Khanti etc due to
which they received injuries. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
both the parties are co-villagers and there is a case and counter
case between the parties and aunt of petitioner no.3 has lodged a
case bearing Daudnagar PS Case No. 589/2025 against the
informant and others of the present case under Sections 190,
191(2), 126(2), 115(2), 117(2) and 109 of the BNS on the same
day i.e., on 09.09.2025 for the same cause of action. Learned
counsel further submits that the injury report which is said to
have been prepared by the treating doctor does not corroborate
the allegation which is said to have been levelled against these
petitioners as injuries caused to the informant as well as to his
uncle have been found to be simple though said to have been
caused by hard and blunt substance while abrasion and lacerated
wound on the left hand is said to have been found. Petitioner
no.3 is also said to have received injuries in the said scuffle for
which an FIR being Daudnagar PS Case No. 589/2025 is said to
have registered. It is further submitted that petitioners no.1 and
2 have got clean antecedent while petitioner no. 3 has got one
antecedent in which final form has been submitted against him
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and he has not been sent up for trial.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the fact that there is a case and
counter case between the parties as stated above and the injuries
are simple in nature and there is no specific allegation of overt-
act against these petitioners, this Court is inclined to extend
them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) each with two sureties of like
amount each to the satisfaction of learned SDJM, Daudnagar,
Aurangabad in connection with aforesaid PS Case, subject to
the conditions as laid down under Section 482(2) of the BNSS
as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
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will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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