Created by Fuzzy Cloud

Patna High Court

Suresh Rai @ Anil Kr. VidyarthiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail subject to specified conditions.

Summary

Petitioners Suresh Rai and Gautam Rai, shop owners, were implicated in a police case (Baikunthpur P.S. Case No. 351 of 2025) alleging they participated in stone‑pelting and attempted seizure of a rifle during a police operation after a traffic accident. They contended that they were merely witnesses and were falsely implicated. The State opposed their anticipatory bail application. The High Court, after considering the submissions and the nature of the allegations, granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bihar Negotiable… Act, including bail bonds, sureties, and requirements of personal appearance. The order also stipulated cancellation of bail if the petitioners were later found involved in similar offences or concealed criminal antecedents. The court clarified that its observations would not affect the trial.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 CrPC and Section 482 of the Bihar Negotiable… Act in the present case?
  • Whether the petitioners, alleged to have participated in stone‑pelting, merit anticipatory bail given the nature of the allegations?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482
  • false implication
  • stone pelting
  • police assault
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11769 of 2026
                  Arising Out of PS. Case No.-351 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
           1.     Suresh Rai @ Anil Kr. Vidyarthi S/o Ramdev Prasad @ Ramdev Rai R/o
                  Village - Basaha, P.S - Baikunthpur, District - Gopalganj, Pin - 841420
           2.    Gautam Rai @ Gautam Ray S/o Late Kalyug Rai @ Kalyug Ray R/o Village
                 - Basaha, P.S - Baikunthpur, District - Gopalganj, Pin - 841420

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Roy, Advocate
                 For the Opposite Party/s :      Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Baikunthpur P.S. Case No. 351 of 2025 corresponding to

                   PTN-4954 of 2025 registered for the offences under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 118(1), 132, 109(1), 121(1),

                   121(2), 351(2), 303(2), 352 and 3(5) of the B.N.S.

                                3. As per the prosecution case, the informant, who

                   happens to be the ASI of police gave a written report that there

                   was traffic being disturbed on account of an accident and one

                   person was found dead. It has further been alleged that the

                   named accused persons, including the petitioners and 30 to 40
Patna High Court CR. MISC. No.11769 of 2026(2) dt.26-02-2026
                                            2/4




          other persons, variously armed with lathi, danda etc. started

          pelting stones on the police personnel due to which the police

          personnel sustained injury and three named accused even tried

          to snatch away the rifle.

                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated merely on suspicion. He

          further submits that the petitioners are nearby shop owners and

          they are only present to witness the occurrence as a good

          samaritan, however, they are falsely been implicated by the

          police. It has further been submitted that the petitioners were not

          involved in any kind of a stone pelting and even from the

          perusal of the injury report which has been referred to in the

          impugned order, the injuries sustained were found to be simple

          in nature. It has lastly been submitted that the petitioner no. 1

          carries clean antecedent and petitioner no. 2 carries on

          antecedent which is lodged after the present case.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks
Patna High Court CR. MISC. No.11769 of 2026(2) dt.26-02-2026
                                            3/4




          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Baikunthpur P.S.

          Case No. 351 of 2025 corresponding to PTN-4954 of 2025

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure read with corresponding

          Section 482(2) of B.N.S.S. as well as subject to the following

          conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioners will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioners are found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioners and in case at
               Patna High Court CR. MISC. No.11769 of 2026(2) dt.26-02-2026
                                                           4/4




                                         any stage it is found that the petitioners have

                                         concealed their criminal antecedents, the court

                                         below shall take step for cancellation of bail bond

                                         of the petitioner. However, the acceptance of bail

                                         bonds in terms of the above-mentioned order shall

                                         not be delayed for purpose of or in the name of

                                         verification.

                                      7. Accordingly, the present application         stands

                         allowed.

                                      8. It is made clear that the observations, if any, made

                         in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.