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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the petitioners are entitled to pre‑arrest bail, subject to a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, five agnates from Parmeshwarpur village, sought pre‑arrest bail in connection with a criminal case (Dawath PS Case No. 202 of 2025) alleging assault on an informant and his family using weapons, resulting in grievous and simple injuries. The alleged assault arose from a long‑standing land dispute, and a counter‑case (Case No. 203 of 2025) was filed by the informant’s mother. The petitioners argued that the injuries could not be specifically linked to any of them, that the injuries to family members were simple, and that the parties had reconciled, emphasizing their clean antecedent. The State opposed bail, emphasizing the informant’s grievous head injury and the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. After considering the omnibus nature of the allegations, the fair antecedent of the petitioners, and the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, the Court ordered that the petitioners be released on bail if arrested or they surrender within four weeks, subject to a Rs 10,000 bond with two sureties and a family member as one bailor.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite allegations of assault causing grievous injury under Sections 191(2), 126(2), 115(2), 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, justify granting bail in the present circumstances.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • grievous injury
  • land dispute
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90735 of 2025
                       Arising Out of PS. Case No.-202 Year-2025 Thana- DAWATH District- Rohtas
                 ======================================================
           1.     Sanjay Kumar S/o Rameshwar Singh R/o Village- Parmeshwarpur, PS-
                  Dawath, District- Rohtas
           2.    Budhan Singh S/o Late Sighasan Singh R/o Village- Parmeshwarpur, PS-
                 Dawath, District- Rohtas
           3.    Bisheshwar Singh S/o Late Singhasan Singh R/o Village- Parmeshwarpur,
                 PS- Dawath, District- Rohtas
           4.    Manoj Singh S/o Late Rajbali Singh R/o Village- Parmeshwarpur, PS-
                 Dawath, District- Rohtas
           5.    Ravi Kumar S/o Rameshwar Singh R/o Village- Parmeshwarpur, PS-
                 Dawath, District- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nagendra Upadhyay, Adv.
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned Advocate for the petitioners and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Dawath P.S. Case No. 202 of 2025, registered

                   for the offences punishable under Sections 191(2), 126,(2)

                   115(2), 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The allegation against the petitioners is of causing

                   assault to the informant and his family members by means of
Patna High Court CR. MISC. No.90735 of 2025(2) dt.15-01-2026
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          lathi, danda, rami, bhala, bricks and stones, leading to serious

          injuries to them.

                       4. Learned Advocate for the petitioners submitted that

          the parties are agnates and they were bickering over a land

          dispute since long, which resulted into a free fight, leading to

          serious injuries to persons of both the sides. There is a counter

          version of the present case being Dawath P.S. Case No. 203 of

          2025, instituted by the mother of the petitioner nos. 1 and 5. The

          doctor examined the informant and others. So far one of the

          injury, which is allegedly sustained to the informant is concerned,

          though the same is found to be grievous in nature, but it has not

          been specifically attributed to any of the petitioners. Moreover,

          the injuries, which is allegedly sustained to family members of

          the informant are concerned, the same are found to be simple in

          nature. To support the aforesaid contention, the injury reports

          have been placed on record as Annexure-P/3 series. It is lastly

          contended that now the good sense prevailed between the parties

          and they do not want to proceed in the matter. All the more, the

          petitioners bear fair antecedent.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that because

          of the assault being made by the petitioners, the informant has
            Patna High Court CR. MISC. No.90735 of 2025(2) dt.15-01-2026
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                      sustained grievous injury over his head and, as such, for this

                      reason alone, the petitioners do not deserve pre arrest bail.

                                   6. Having considered the submissions advanced by

                      learned Advocate for the respective parties and taking note of

                      the omnibus nature of allegation against the concerned persons,

                      including the petitioners, besides the factum of case and counter

                      case in the premise of a land dispute and the fair antecedent of

                      the petitioners, let the petitioners above named be released on

                      bail, in the event of their arrest or surrender before the court

                      below within a period of four weeks from the date of

                      receipt/production of a copy of this order, upon furnishing bail

                      bonds of Rs.10,000/- (ten thousand) each with two sureties of

                      the like amount each to the satisfaction of the learned Sub-

                      Divisional      Judicial      Magistrate,       Bikramganj,   Rohtas   in

                      connection with Dawath P.S. Case No. 202 of 2025, subject to

                      the conditions laid down in Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023 with the further condition that

                      one of the bailors shall be the own/close family members of the

                      petitioners.



                                                  (Harish Kumar, J)
shivank/-

U      T


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