Patna High Court
Ranjeet Kumar Das @ Ranjeet Kumar @ Chando DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners have made out a prima facie case for pre‑arrest bail and ordered their release on bail.
Summary
The petitioners, a group of relatives from Gambhirpur, were charged in FIR No. 444/2025 for offences under Sections 191(2), 190, 49, 115(2), 109, 352, 351(2) and 303(2) of the Bihar Negotiable Statutes, alleged to have assaulted an informant and his family in a land‑dispute related altercation. The petitioners claimed innocence, stating the case arose from a case‑and‑counter‑case situation and that the injuries to the informant were simple and caused by a hard blunt object. The State and the informant opposed the grant of pre‑arrest bail, arguing the seriousness of the offences. The Court examined the FIR, the medical report, and the nature of the allegations, noting that only petitioners No.1 and 5 were specifically implicated while the rest faced only general accusations. Finding that the petitioners had made out a prima facie case for bail, the Court ordered their release on pre‑arrest bail subject to bond and surety conditions, and directed the District Court to verify criminal antecedents and consider mediation.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged in the FIR.
- Whether general and omnibus allegations against some petitioners suffice to deny bail.
- Whether the existence of a case‑and‑counter‑case and the nature of injuries affect the bail decision.
Subjects
- pre‑arrest bail
- case and counter case
- land dispute
- Bihar Negotiable Statutes
- Sections 191, 190, 49, 115, 109, 352, 351, 303
- mediation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92041 of 2025
Arising Out of PS. Case No.-444 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
1. Ranjeet Kumar Das @ Ranjeet Kumar @ Chando Das S/O Beni Das
Resident Of Village- Gambhirpur, P.S-Warisaliganj, District- Nawada.
2. Rajballabh Das @ Rajballam Das @ Rajbalam Das @ Pardesi S/O Beni Das
Resident Of Village- Gambhirpur, P.S-Warisaliganj, District- Nawada.
3. Satyendra Das @ Philip S/O Beni Das Resident Of Village- Gambhirpur,
P.S-Warisaliganj, District- Nawada.
4. Sunita Devi W/O Ranjeet Kumar Das Resident Of Village- Gambhirpur, P.S-
Warisaliganj, District- Nawada.
5. Suraj Kumar S/O Ranjeet Kumar Das Resident Of Village- Gambhirpur, P.S-
Warisaliganj, District- Nawada.
6. Sumit Kumar S/O Ranjeet Kumar Das Resident Of Village- Gambhirpur,
P.S-Warisaliganj, District- Nawada.
7. Sujeet Kumar S/O Ranjeet Kumar Das Resident Of Village- Gambhirpur,
P.S-Warisaliganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
For the informant : Mr. Dineshwar Mishra, Advocate
Mr. Surendra Mishra, Advocate
Ms. Ruchi Arya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 19-03-2026 Heard Mr. Sheo Kumar Prasad, learned counsel
appearing on behalf of the petitioners; Mr. Ram Priya Sharan
Singh learned APP for the State and Mr. Dineshwar Mishra
along with Mr. Surendra Mishra and Ms. Ruchi Arya, learned
counsels for the informant.
2. The petitioners seek pre-arrest bail in connection
Patna High Court CR. MISC. No.92041 of 2025(3) dt.19-03-2026
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with Warisaliganj P.S. Case No. 444/2025 registered for the
offence(s) punishable under Sections 191(2), 190, 49, 115(2),
109, 352, 351(2), 303(2) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners with an
intention to kill, assaulted the informant and his family
members, causing injuries to them.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. Learned counsel
further submitted that there is case and counter case between the
parties and due to land dispute, an altercation took place and
both the sides entered into fierce fight in which, both the sides
sustained injuries. General and omnibus allegation has been
levelled against the petitioners, except petitioners no.1 and 5,
who are said to have assaulted the informant and his brother,
however, the injuries sustained by the informant and his brother
are found to be simple in nature, caused by hard and blunt
substance. On these grounds, petitioners seek to be released on
pre-arrest bail.
5. Mr. Dineshwar Mishra, learned counsel, has
tendered his appearance on behalf of the informant and has
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vehemently opposed the prayer for grant of pre-arrest bail.
6. Learned APP for the State also vehemently opposed
the prayer for grant of pre-arrest bail.
7. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the fact that there is case and counter case between
the parties, arising out of land dispute, in which both the sides
sustained injuries, however, the doctor has opined that the
injuries sustained by the informant and his brother are simple in
nature, caused by hard and blunt substance, attributable to the
petitioners no.1 and 5 and against rest of the petitioners there is
no specific allegation, rather the same is general and omnibus, I
am of the opinion that petitioners have, prima facie, made out a
case to be released on pre-arrest bail.
8. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.- IV, Nawada /
Concerned Court in connection with Warisaliganj P.S. Case No.
444/2025, subject to the conditions as laid down under Section
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482(2) of the BNSS.
9. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application and the
supplementary affidavit, this order will automatically lose its
force.
10. However, it shall be open to the parties to
arrive at a compromise in view of their long-standing
dispute. The learned District Court is directed to issue notice
to the informant and the petitioners and, thereafter, refer
the matter to the learned Mediator of the District Mediation
Centre for mediation between the parties, after fixing a date
for their appearance.
(Purnendu Singh, J)
Sanjay/-
U T
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