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2026 Supreme(Online)(Pat) 3652

PATNA HIGH COURT
Mr. Prabhat Kumar Singh, J
Barku Rai @ Nirjit Kumar @ Guddu – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.91758 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Vasant Vikas
For the Respondents: Mr. Anant Kumar 1, APP

In cases of § 482(2) BNSS, courts may grant bail considering general allegations and a history of ongoing disputes.

Headnote:The judgment revolves around the apprehension of arrest of the petitioners in a case registered under several sections of the BNS. Allegations stem from a land dispute leading to a physical altercation, with counterclaims complicating the matter. The court found the allegations to be general and granted bail under specified conditions, emphasizing the need for judicial scrutiny in repeated litigations regarding the parties' disputes.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 20-01-2026 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 118 (1) , 109, 76, 352, 351 ( 2 ) and 3 (5) of BNS.

3 . As per F.I.R., informant namely , Kumari Veena alleged that on 06.10.2025 , all the accused persons including these petitioners armed with lathi, danda came and started abusing informant and also thrashed her. When other family members came there to rescue her, then accused persons assaulted them as a result of which 6 persons sustained injuries.

4. It is submitted on behalf of the petitioners that both the parties are pattidars and due to longstanding land dispute between them, a simple occurrence of maarpeet took place between them. The present case is counter blast of Hajipur Town Ps Case No. 1227 of 2025 which was lodged by one Chandeshwar Ray ( uncle of petitioners ) against informant and others. The series of litigations are pending between the parties. Allegation is general and omnibus against these petitioners.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts, general and omnibus allegation and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, 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 the learned Chief Judicial Magistrate Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 1256 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) , 2023 .

(Prabhat Kumar Singh, J)

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