Patna High Court
Chandrashekhar Rai @ Shekhar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that, on a prima facie view that the matter stems from a land dispute and appears to be a counter‑complaint, the petitioners are entitled to anticipatory bail.
Summary
The petitioners, three members of the Rai family, sought anticipatory bail in connection with a criminal case (Bachhwara P.S. Case No. 16 of 2025) alleging assault, robbery and other offences arising from a land dispute. The prosecution alleged that on 20 January 2025 the petitioners attacked the informant and his family, causing injuries and stealing gold ornaments. The petitioners contended that the allegations were false, fabricated as a counter‑complaint in a land dispute, and that they have no criminal antecedent. The court observed that the petitioners had themselves filed a case against the informant’s husband, indicating a reciprocal dispute, and therefore found a prima facie case of a land‑related conflict rather than a clear criminal charge. Consequently, the court exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail subject to bond and surety conditions. The order directed that if arrested within four weeks, the petitioners be released on bail upon furnishing the stipulated bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences and the surrounding land dispute.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 127(1), 303(2), 3(5), 351, 482(2), 74
Subjects
- anticipatory bail
- land dispute
- assault
- robbery
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91841 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- BACHHWARA District- Begusarai
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1. Chandrashekhar Rai @ Shekhar Rai S/o Late Balihari Rai Resident of -
Ward No. 01, Samsipur, P.S - Bachwara, District - Begusarai
2. Jaychandra Kumar S/o Shekhar Rai @ Chandrashekhar Rai Resident of -
Ward No. 01, Samsipur, P.S - Bachwara, District - Begusarai
3. Shiv Chandra Rai @ Shiv Chandra Kumar S/o Shekhar Rai @
Chandrashekhar Rai Resident of - Ward No. 01, Samsipur, P.S - Bachwara,
District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar Sharma, Adv
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Bachhwara P.S. Case No. 16 of 2025, registered for the
offence punishable under Sections 115 (2), 127(1), 303(2), 74,
109, 351, 3(5) of the BNS, 2023.
3. The case of the prosecution, in short, as per the
informant is that on 20.01.2025 at about 4:00 P.M., accused
persons including the petitioners came to the informant's house
and abused him. On raising objection, petitioner no. 3 gave lathi
blow on her waist due to which she sustained injury on her
Patna High Court CR. MISC. No.91841 of 2025(2) dt.15-01-2026
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waist, and torn her blouse. When her husband, and her son Lali
Rai and Sanjeet Kumar came to save her then Dabloo Rai gave
lathi blow on her husband's head due to which he sustained head
and leg injury. Her son Lali Rai sustained head injury caused by
lathi on his head given by Bhokhar Rai. Sanjeet Rai was also
assaulted by lathi-danda and fists. Shivchandra Rai fired one
bullet. During course of assault, Shivchandra Rai snatched gold
ornaments from her neck. Bhokhar Rai took gold chakti from
Sanjeet Kumar and assaulted him by lathi.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. The
entire prosecution story is false, fabricated and concocted. The
petitioners are implicated in this matter due to ulterior motive
and land dispute. He further submits that the petitioners have no
criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Prima-facie, it appears to be a case of land dispute
between the “gotiyas”. From reading of paragraph 10 of the
application, it appears that for the said date of occurrence i.e.
20.01.2025, the petitioner no. 1, namely, Chandrashekar Rai @
Shekhar Rai had also lodged a case against husband of the
Patna High Court CR. MISC. No.91841 of 2025(2) dt.15-01-2026
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informant, namely, Jagdish Rai and other named accused
persons which was registered as Bachhbara P.S. Case No. 15 of
2025 dated 21.01.2025 for the offence punishable under
Sections 115(2), 127(1), 109, 303(2), 351(2), 3(5) of the B.N.S.
It, therefore, appears that the case which has been lodged by the
informant is by way of counter blast to the case lodged by the
petitioner no. 1 arising out of land dispute. Under these
circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released 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, Begusarai in connection with Bacchwara P.S. Case
No. 16 of 2025, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
kiran/-
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