The court differentiated between the nature of injuries inflicted by petitioners in a land dispute, impacting the bail outcomes under the Bharatiya Nyaya Sanhita, 2023.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 28-01-2026 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Suryapura P.S. Case No. 217 of 2025, registered for the offences under Sections 191 (2), 190, 126(2), 115(2), 118(1), 117(2), 109, 351(2), 352 of the Bharatiya Nyaya Sanhita , 2023.

3. In the evening of the fateful day, while the informant was ploughing his field through a Tractor, in the meanwhile, all the F.I.R. named accused persons, including the petitioners, armed with weapons, forcibly entered in his field and brutally assaulted due to which the informant along with his brother and other family members have sustained serious injuries. It is specifically alleged that while the brother of the informant came to his rescue, the petitioner no.2 assaulted him by means of Bhala, due to which he sustained a head injury. Besides the aforesaid allegation, it is further alleged that petitioner no.1 has assaulted his younger brother, namely, Vikrama Singh and petitioner nos. 4 and 5 assaulted the informant and others by means of Bhala and other weapons. Petitioner no.3 also assaulted one Abhishek Kumar, due to which he sustained injury in his hand.

4. Learned Advocate for the petitioners submitted that the parties are agnates and bickering over a land dispute, resulting into institution of case and counter case. In fact, prior to the institution of the present case, the petitioner no.2 has instituted Suryapura P.S. Case No. 216 of 2025 against the informant and his family members. In the said occurrence, the petitioner no.2 has also sustained grievous injury. The doctor examined the injured persons and found the injury upon the person of Dinesh Kumar Singh, Sanjiv Kumar, Vikrama Singh and Abhishek Kumar simple in nature, however, the injury of one Chandrahans Singh was found to be grievous in nature, which is attributed to petitioner no.2. It is further contended that all the petitioners though bear one criminal antecedent, however, they undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State opposes the bail application and submits that there is a specific accusation against petitioner no.2 of causing grievous injury over the brother of the informant, besides taking active participation in the crime along with other accused persons, including the petitioners. The corresponding injuries sustained to five persons clearly shows their active participation. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the specific accusation against the petitioner no.2, namely, Surendra Singh, of causing grievous injury over the head of the brother of the informant, this Court is not acceded the prayer for grant of anticipatory bail to petitioner no.2. Accordingly, his prayer for grant of anticipatory bail stands rejected 7. So far as petitioner nos. 1, 3, 4 and 5 are concerned, who have though allegedly actively participated in the crime, but the corresponding injuries have been found to be simple in nature, besides the factum of case and counter case and the genesis of the occurrence is said to be the land dispute, let the petitioner nos. 1, 3, 4 and 5, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas in connection with Suryapura P.S. Case No. 217 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.

(Harish Kumar, J)