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Patna High Court

Rishi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.90348 of 2025(2) dt.15-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.90348 of 2025(2) dt.15-01-2026
                                            3/4




          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
          Patna High Court CR. MISC. No.90348 of 2025(2) dt.15-01-2026
                                                      4/4




                                            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

U     T


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