Patna High Court
Rajiv Prasad Verma @ Rajeev Prasad VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing release on bond and correcting the father's name in the prior order.
Summary
The petitioner, Rajiv Prasad Verma, applied for bail anticipating arrest in a case involving offences under several sections of the B.N.S. and Section 37 of the Excise Act. The investigating officers testified that the alleged knife injury was actually caused by a blunt object, reducing the seriousness of the allegation. The petitioner also pointed out that an anticipatory bail had already been granted to another accused, Anil Prasad Verma, and that the father's name was incorrectly recorded in a prior order. The court, after considering these submissions, directed that the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S.S., and corrected the father's name in the earlier order. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under the B.N.S. and Excise Act.
- Whether the correction of the father's name in the earlier order is warranted.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
- Excise Act — s. 37
Subjects
- bail
- anticipatory bail
- criminal procedure
- section correction
- injury
- excise act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4436 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- SARAI District- Vaishali
======================================================
Rajiv Prasad Verma @ Rajeev Prasad Verma, Son of Ram Chandra Prasad,
R/o Village - Maricha Ram, P.S.- Sarai, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, Ld. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2), 3(5) of the
B.N.S. and Section 37 of the Excise Act.
3. The S.H.O. and the Investigating Officer of the
case in compliance of the order dated 31.01.2026 are present in
the Court.
4. The learned A.P.P. Sri Chandra Bhushan Prasad
based on instruction submits that though in the FIR, it is alleged
that Anil Prasad Verma assaulted the injured by knife causing
injury on eye, but then, during the course of investigation, it
transpired that injury was caused by hard and blunt substance on
Patna High Court CR. MISC. No.4436 of 2026(3) dt.05-02-2026
2/3
forehead and the same was opined to be simple in nature as has
come in Para-21 of the case diary.
5. The learned counsel for the petitioner submits that
even presuming what has been alleged is true without admitting,
then petitioner is not alleged to have assaulted and Anil Prasad
Verma has been granted the privilege of anticipatory bail by the
learned District Court itself.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Sarai P. S. Case
No.284 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. The personal appearance of the S.H.O. and the I.O.
of the case is dispensed with.
9. At this stage, the learned counsel appearing on
behalf of the petitioner submits that in the order dated
Patna High Court CR. MISC. No.4436 of 2026(3) dt.05-02-2026
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31.01.2026, the name of the father has been wrongly typed as
Rani Verma, when the name of the father is Ram Chandra
Prasad.
10. In view of the submissions made by the
learned counsel appearing on behalf of the petitioner, the name
of the father in the order dated 31.01.2026 shall be read as Ram
Chandra Prasad instead of Rani Verma.
11. The order dated 31.01.2026 is modified to
the extent as indicated above.
(Satyavrat Verma, J)
vikash/-
U T
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