Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 351(2), 352
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
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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
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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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