Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail may be granted where there is no specific allegation of grievous injury against the accused, but must be denied where the accused is specifically charged with causing grievous injury.
Summary
The petitioners, four individuals, were implicated in a violent incident arising from a land dispute, with the prosecution alleging offences under several sections of the Indian Penal Code and the Arms Act. The informant and his daughter were assaulted, and grievous injuries were inflicted, particularly by petitioner No. 4. The petitioners sought anticipatory bail, arguing lack of specific allegations against three of them and clean antecedents. The State opposed bail, emphasizing the grievous injury caused by petitioner No. 4. The Court held that anticipatory bail could be granted to petitioners Nos. 1, 2 and 3 as no specific overt act was alleged against them, but denied bail to petitioner No. 4 who was directly linked to the grievous injury. Consequently, bail was ordered for the three petitioners subject to a bond and sureties, while petitioner No. 4’s bail was refused.
Issues considered
- Whether anticipatory bail should be granted to the accused persons in light of the allegations of assault and grievous injury.
- Whether the specific allegation of causing grievous injury against petitioner No. 4 warrants denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 323, 325, 34, 341, 379, 385, 504
Subjects
- anticipatory bail
- grievous injury
- assault
- land dispute
- IPC
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92034 of 2025
Arising Out of PS. Case No.-191 Year-2020 Thana- HATHAURI District- Muzaffarpur
======================================================
1. Ravi Kumar Son of Satya Narayan Singh R/o Village - Pakri Subhaskar, P.S.
- Hathauri, Dist. - Muzaffarpur.
2. Ravi Ranjan Kumar @ Sudhir Kumar @ Sudhir Kumar Rai @ Sudhir Rai
Son of Harilal Rai R/o Village - Pakri Subhaskar, P.S. - Hathauri, Dist. -
Muzaffarpur.
3. Rajiv Kumar Son of Jagdish Rai R/o Village - Pakri Subhaskar, P.S. -
Hathauri, Dist. - Muzaffarpur.
4. Suresh Kumar @ Sarvesh Kumar Son of Lakhendra Rai R/o Village - Pakri
Subhaskar, P.S. - Hathauri, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 325, 379, 385,
504/34 of the Indian Penal Code and Section 27 of the Arms
Act.
3. As per the prosecution case, while the informant
and his daughter was at his door, all the FIR named accused
persons, including these petitioners, armed with lethal weapons,
started assaulting the informant and when his daughter
Patna High Court CR. MISC. No.92034 of 2025(2) dt.10-02-2026
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protested, co-accused Nawal Rai caught hair of his daughter and
dashed her down. It is further alleged that petitioner no. 2 and
co-accused Raju Rai assaulted her with fist and leg and other
co-accused persons assaulted the informant and co-accused
Nawal Rai inflicted repeated blow of iron rod on his head
causing head injury, as a result of which he fell down. Co-
accused Pintu Rai and petitioner no. 4 assaulted him with
Khanti causing fracture in his leg. Informant’s wife was also
assaulted by accused persons.
4. Learned counsel appearing for the petitioners
submits that on account of land dispute between the parties both
sides inflicted injuries on each other. In this case, informant
received three injuries out of which two injuries are simple in
nature. Specific accusation of causing grievous injury is against
petitioner No. 4 and co-accused Pintu Rai. So far rest of the
petitioners are concerned, there is no allegation of specific overt
act against them. Petitioners claim clean antecedent.
5. Learned counsel for the State opposed the bail
application and submits that petitioner No. 4 caused grievous
injury to the informant.
6. In view of the fact that petitioner No. 4 caused
grievous injury, prayer for anticipatory bail of petitioner No.
Patna High Court CR. MISC. No.92034 of 2025(2) dt.10-02-2026
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4 is refused. However, considering the nature of accusation
against petitioner Nos. 1, 2 & 3, the anticipatory bail with
regard to petitioner Nos. 1, 2 & 3 is allowed and it is ordered
that the above named petitioner Nos. 1, 2 & 3 in the event of
their arrest/surrender before the court below within a period of
eight weeks from today, 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 Judicial Magistrate,
1st Class, Court No. 10 (East), Muzaffarpur in connection with
Hathauri P. S. Case No. 191 of 2020, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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