Patna High Court

Barku Rai @ Nirjit Kumar @ GudduversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioners subject to a bond of Rs.10,000 each with two sureties, under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, three brothers from Vaishali district, were arrested in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita for allegedly assaulting an informant and others during a land dispute. They contended that the incident was a simple altercation arising from a long-standing land conflict and that the charges were general and omnibus. The State opposed the bail application. The court considered the nature of the allegations, the pending civil litigations, and the seriousness of the offences. It ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS. The bail order was directed to be complied with by the Chief Judicial Magistrate, Vaishali.

Issues considered

Whether the petitioners are entitled to bail despite the serious offences alleged under sections 126(2), 115(2), 118(1), 109, 76, 352, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita
Whether the general and omnibus nature of the allegations and the underlying land dispute justify denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

bail
criminal procedure
Bharatiya Nagarik Suraksha Sanhita
section 482
land dispute
general and omnibus allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91758 of 2025
                       Arising Out of PS. Case No.-1256 Year-2025 Thana- NAGAR District- Vaishali
               ======================================================
           1 . Barku Rai @ Nirjit Kumar @ Guddu Son of Kamal Rai @ Chathu Rai
                Resident of Village - Pokhara Mohalla, P.S.- Town Hajipur, District -
                Vaishali.
           2.    Golu Kumar @ Harshjeet Kumar Son of Kamal Rai @ Chathu Rai Resident

                 of Village - Pokhara Mohalla, P.S.- Town Hajipur, District - Vaishali.
           3.    Chhotu Kumar @ Arjeet Kumar Son of Kamal Rai @ Chathu Rai Resident

                 of Village - Pokhara Mohalla, P.S.- Town Hajipur, District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s       :      Mr. Vasant Vikas , Advocate

                 For the Opposite Party/s :        Mr. Anant Kumar 1, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 126 ( 2 ),

                   115 ( 2 ), 118 (1) , 109, 76, 352, 351 ( 2 ) and 3 (5) of BNS.

                             3 . As per F.I.R., informant namely , Kumari Veena

                   alleged that on 06.10.2025 , all the accused persons including

                   these petitioners armed with lathi, danda came and started

                   abusing informant and also thrashed her. When other family
Patna High Court CR. MISC. No.91758 of 2025(2) dt.20-01-2026
                                            2/3




          members came there to rescue her, then accused persons

          assaulted them as a result of which 6 persons sustained

          injuries.

                       4. It is submitted on behalf of the petitioners that

          both the parties are pattidars and due to longstanding land

          dispute between them, a simple occurrence of maarpeet took

          place between them. The present case is counter blast of

          Hajipur Town Ps Case No. 1227 of 2025 which was lodged by

          one Chandeshwar Ray ( uncle of petitioners ) against

          informant and others. The series of litigations are pending

          between the parties. Allegation is general and omnibus against

          these petitioners.

                       5 . Learned counsel for the State oppose the bail

          petition .

                         6 Considering the aforesaid facts, general and

          omnibus allegation and other circumstances of the case , in

          the event of arrest or surrender within eight weeks from today,

          let the petitioners, as named above, be enlarged on bail on

          furnishing bail bond of Rs.10,000/-(ten thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned      Chief Judicial Magistrate Vaishali at Hajipur in

          connection with Hajipur Town P.S. Case No. 1256 of 2025 ,
            Patna High Court CR. MISC. No.91758 of 2025(2) dt.20-01-2026
                                                        3/3




                      subject to the conditions laid down under section 482 ( 2 ) of

                      the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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