Patna High Court
Nevad Raut @ Nevad RayversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ALOK KUMAR SINHA
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court granted anticipatory bail to petitioners Nos.1, 3, 4 and 5 and dismissed the application for petitioner No.2 as withdrawn.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to have assaulted the deceased, leading to the death of the informant’s brother, and the petition for his bail was withdrawn.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and verification of any concealed criminal antecedents, while dismissing the application for petitioner No.2 as withdrawn.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- Whether the application for anticipatory bail of petitioner No.2 can be withdrawn.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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 302, 323, 341, 342
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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