Patna High Court
Rajesh Rai @ Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 with two sureties each.
Summary
The petitioners, Rajesh Rai and Chhathilal Rai, were arrested in connection with Baniyapur police case No.509 of 2025 for offences under several sections of the Bihar Negotiable Statutes (BNS), including assault and rioting. The prosecution alleged that Rahul Kumar assaulted the informant’s son and grandson with a knife, and the petitioners were merely present and allegedly abusive. The petitioners argued they had no criminal antecedent, were in judicial custody since 20‑12‑2025, and that co‑accused in similar cases had been granted bail. The State opposed the bail application. After hearing both sides, the court found the petitioners’ situation comparable to the earlier co‑accused and, noting their clean record, ordered bail on a bond of Rs 10,000 with two sureties each. The bail order was directed to be executed by the Judicial Magistrate of First Class, Saran at Chapra.
Issues considered
- Whether bail should be granted to the petitioners charged with offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) and 103 of the BNS.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 103, 109, 115, 118, 126, 3, 351, 352
Subjects
- bail
- criminal procedure
- assault
- judicial custody
- sureties
- Bihar Negotiable Statutes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14837 of 2026
Arising Out of PS. Case No.-509 Year-2025 Thana- BANIAPUR District- Saran
======================================================
1. Rajesh Rai @ Rajesh Yadav S/o- Indrashan Rai R/o- Village- Parsa Tola,
P.S.- Baniyapur, District- Saran.
2. Chhathilal Rai @ Chhateelal Ray S/o- Phulena Rai @ Phulena Yadav R/o-
Village- Parsa Tola, P.S.- Baniyapur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Baniyapur P.S. Case No.509 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109,
352, 351(2) & 3(5) of the BNS and later on Section 103 of the
BNS.
3. The case of the prosecution, in short, is that one
Rahul Kumar has assaulted with knife on the grandson of the
informant and when his son went to rescue, he was also being
assaulted by Rahul.
4. Learned counsel appearing on behalf of the
petitioners has submitted that during course of investigation, in
restatement, the informant has stated that the petitioners were also
there and they were abusing. Learned counsel for the petitioners
Patna High Court CR. MISC. No.14837 of 2026(3) dt.20-04-2026
2/2
has submitted that main thrust of allegation is against Rahul who
is alleged to have assaulted informant’s son and grandson.
Learned counsel for the petitioners has further submitted that
similarly situated co-accused persons have been granted bail by
the learned Co-ordinate Bench of this Court in Cr. Misc. Nos.
14840 of 2026 and 15067 of 2026. The case of these petitioners
stand on similar footing. Learned counsel for the petitioners has
further submitted that the petitioners are having no criminal
antecedent and they are in judicial custody since 20.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court of
learned J.M.F.C., Saran at Chapra in connection with Baniyapur
P.S. Case No.509 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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