Patna High Court
Daroga RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Daroga Rai, was arrested in connection with a case registered under multiple sections of the Bhartiya Nyaya Sanhita, 2023, for allegedly assaulting his informant brother with a gandasa. The prosecution alleged that the petitioner, along with other accused, entered the informant's shop‑cum‑house and inflicted head injuries. The petitioner’s counsel argued that the injuries were simple, the petitioner has no prior criminal record, and there is no evidence of repeated assault. The State opposed bail, citing the seriousness of the offences. After considering the facts, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, satisfying the conditions of the investigating magistrate.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 126(2), 323(4), 109, 115(2), 324(4), 324(5), 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 323(4), 324(4), 324(5), 3(5)
Subjects
- bail
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- simple injury
- brother relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9698 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- GARKHA District- Saran
======================================================
Daroga Rai Son of Late Mahendra Rai R/o Village - Pathara, P.S. - Garkha,
Dist. - Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Garkha
P.S. Case No. 423 of 2025, registered for the offence under
Sections 126(2), 323(4), 109, 115(2), 324(4), 324(5), 303(2),
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner along
with other named accused persons and 4-5 unknown persons
entered the shop-cum-house of the informant and upon the
orders of Babnti Devi, this petitioner is alleged to have assaulted
on the head of the informant by means of gandasa.
4. Learned counsel appearing for the petitioner
submits that the petitioner and the informant are full brothers
and the injury report, which was called for earlier by this Court,
goes to show that the injured informant has received simple
Patna High Court CR. MISC. No.9698 of 2026(3) dt.01-04-2026
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injuries. The petitioner is in custody since 26.11.2025 and has
got no criminal antecedents and there is no allegation of
repetition of blow against the petitioner.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
J.M. 1st Class, Saran at Chapra, in connection with Garkha P.S.
Case No. 423 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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