Patna High Court
Suresh Rai @ Anil Kr. VidyarthiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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
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