Patna High Court
Sanki @ Sanki Rajbanshi @ Sandip RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that, given the general nature of the allegations and the absence of direct attribution of the injury to the petitioners, anticipatory bail was warranted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners Sanki, Pintu and Mohan Rajbanshi applied for anticipatory bail in a case (Rajauli Police Station Case No. 409 of 2025) alleging they assaulted an informant who suffered a grievous eye injury. They contended they were falsely implicated, that the allegations were general and omnibus, and that a case‑and‑counter‑case existed between the parties. The counsel also highlighted that co‑accused Vijay Rajbanshi, who faced specific assault allegations, had already been granted anticipatory bail by a coordinate bench. The court examined the nature of the allegations, the lack of direct attribution of the injury to the petitioners, and the existence of a counter‑case, and concluded that the petitioners were not personally responsible for the grievous injury. Accordingly, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and granted anticipatory bail to the petitioners subject to bail bonds and sureties. The order directed that the bail be effected if the petitioners are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted when the allegations against the accused are general and omnibus in nature
- Whether the lack of direct attribution of the grievous injury to the petitioners justifies granting anticipatory bail
- Whether the existence of a case‑and‑counter‑case influences the court’s discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
- Whether the precedent of granting anticipatory bail to a co‑accused (Vijay Rajbanshi) affects the petitioners’ bail application
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 281, 3(5), 351(2), 352
Subjects
- anticipatory bail
- general allegations
- case and counter case
- Section 482
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- grievous injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9355 of 2026
Arising Out of PS. Case No.-409 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Sanki @ Sanki Rajbanshi @ Sandip Rajbanshi S/O Mohan Rajbanshi
Resident of village- Farkabujurg, P.s.- Rajauli, District- Nawada
2. Pintu Rajbanshi S/O Meghan Rajbanshi Resident of village- Farkabujurg,
P.s.- Rajauli, District- Nawada
3. Mohan @ Mohan Rajbanshi S/O Late Rameshwar Rajbanshi Resident of
village- Farkabujurg, P.s.- Rajauli, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Deo Raj
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Rajauli Police Station Case No. 409 of 2025, dated
25.07.2025, disclosing offences punishable under
Sections 281/126(2)/115(2)/109/352/351(2)/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 24.07.2025, at about 9 PM, the motorcycle, on
which petitioner no. 1 and co-accused Vijay Rajbanshi
were sitting, dashed the buffalo of the informant and
Patna High Court CR. MISC. No.9355 of 2026(2) dt.12-03-2026
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when the informant along with her husband went to the
house of the accused persons to tell about the injuries
sustained by the child buffalo, all the accused persons,
including the petitioners, started abusing them and co-
accused Vijay Rajbanshi threw the informant on the
ground, upon which all the accused persons, including the
petitioners, assaulted her with lathi, danda, fist and legs.
Co-accused Vivek Rajbanshi hit the informant by brick on
her right eye, due to which she sustained eye injury.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case. He further submits that there is case and
counter case between the parties inasmuch as the
petitioners’ side has lodged Rajauli Police Station Case
No. 408 of 2025. He further submits that the allegation
against the petitioners is general and omnibus in nature
and the specific allegation of assault is upon co-accused
Vivek Rajbanshi and not upon these petitioners. He
further submits that co-accused Vijay Rajbanshi, against
whom there is allegation of throwing the informant on the
ground, has been granted anticipatory bail by a co-
ordinate Bench of this Court, vide order, dated
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3/3
28.01.2026, passed in Criminal Misc. No. 2696 of 2026
and the petitioners’ case stand on better footing.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the allegation against the petitioners is general and
omnibus in nature, case and counter case is there and the
grievous injury sustained by the informant is not
attributable to the petitioners, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Nawada,
in connection with Rajauli Police Station Case No. 409 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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