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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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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