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Patna High Court

Nevad Raut @ Nevad RayversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioners Nos.1, 3, 4 and 5 and dismissed the application for petitioner No.2 as withdrawn.

Summary

The petitioners, five residents of Chandi Rajwara village, sought anticipatory bail fearing arrest in a case (Bela PS Case No. 243/2019) involving offences under Sections 341, 342, 147, 148, 149, 323 and 302 of the IPC. They alleged that the informant had falsely implicated them out of vendetta and that there was no specific allegation of assault against most of them, only a general claim of assault on the informant. The State opposed the bail, but the court noted that only petitioner No.2 (Chheval Ray) was alleged to have assaulted the deceased, leading to the death of the informant’s brother, and the petition for his bail was withdrawn. For petitioners Nos.1, 3, 4 and 5, the alleged assault was limited to the informant with simple injury and they had either no or minimal criminal antecedents. The court therefore granted anticipatory bail to petitioners Nos.1, 3, 4 and 5 subject to a bail bond of Rs.10,000, two sureties, cooperation with investigation, and verification of any concealed criminal antecedents, while dismissing the application for petitioner No.2 as withdrawn.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the allegations.
  • Whether the application for anticipatory bail of petitioner No.2 can be withdrawn.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS 2023
  • IPC offences
  • false implication
  • assault
  • bail conditions
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15045 of 2026
                        Arising Out of PS. Case No.-243 Year-2019 Thana- BELA District- Sitamarhi
                 ======================================================
           1.     Nevad Raut @ Nevad Ray S/o Yogi Raut R/o Village - Chandi Rajwara, P.S
                  - Bela, District - Sitamarhi
           2.    Chheval Ray S/o Ramdev Ray R/o Village - Chandi Rajwara, P.S - Bela,
                 District - Sitamarhi
           3.    Rajdev Ray S/o Palat Ray R/o Village - Chandi Bhanpur, P.S - Bela, District
                 - Sitamarhi
           4.    Lal Babu Ray S/o Rajdev Ray R/o Village - Chandi Rajwara, P.S - Bela,
                 District - Sitamarhi
           5.    Visheshwar Ray S/o Anand Ray R/o Village - Chandi Rajwara, P.S - Bela,
                 District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raja Ram Rai
                 For the Opposite Party/s :        Mr.Rabindra Kumar
                 For the informant                 Mr. Kundan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   29-04-2026                      Heard learned counsels for the parties.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 341, 342,

                   147, 148, 149, 323 and 302 of the IPC, in connection with Bela

                   P.S.Case No. 243/2019.

                                3. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case at the instance of the informant out of vendetta.

                   There is no specific allegation of assault against the petitioners,
Patna High Court CR. MISC. No.15045 of 2026(3) dt.29-04-2026
                                            2/3




          rather there is general and omnibus allegation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. There is allegation against petitioner no.2 Chheval

          Ray of having assaulted the deceased on his head, which led to

          the death of the brother of the informant.

                       6. At this stage, learned counsel for the petitioners

          prays for withdrawing this application with respect to petitioner

          no.2 Chheval Ray.

                       7. This application is, therefore, dismissed as

          withdrawn with regard to petitioner no.2 Chheval Ray.

                       8. So far as other petitioners, namely, petitioner nos.

          1, 3, 4, and 5 are concerned, the allegation against them is only

          of having assaulted the informant, and not the brother of the

          informant. The petitioner no.1 has one criminal antecedent,

          whereas petitioner nos. 3, 4 and 5 have no criminal antecedents.

          The injury sustained by the informant is simple in nature.

                       9. Under these circumstances, I am inclined to grant

          privilege of anticipatory bail to petitioner nos. 1, 3, 4, and 5.

          both the petitioner.

                       10. Let the petitioner nos. 1, 3, 4, and 5, as named

          above, in the event of their arrest or surrender within four weeks
           Patna High Court CR. MISC. No.15045 of 2026(3) dt.29-04-2026
                                                       3/3




                     from today, be enlarged on bail on furnishing bail bond of

                     Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of

                     the like amount each to the satisfaction of learned SDJM Sadar,

                     Sitamarhi, in connection with Bela P.S.Case No. 243/2019,

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

                     Code of Criminal Procedure/Section 482(2) of the Bharatiya

                     Nagarik Suraksha Sanhita, 2023 and subject to further condition

                     that :-

                                  (i) the petitioner nos. 1, 3, 4, and 5, shall co-operate

                     in the investigation/ trial.

                                  (ii) the learned court would, however, verify the

                     criminal antecedents of the petitioner nos. 1, 3, 4, and 5, and in

                     case it is found that the petitioner nos. 1, 3, 4, and 5 have

                     concealed their criminal antecedents, the court below shall take

                     step for cancellation of bail bond of the said petitioners.

                     However, it is expected that the verification process would be

                     done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
HR/-

U      T


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