Patna High Court
Nandkishore Rai Nut @ Nandkishore RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioner, Nandkishore Rai, applied for anticipatory bail fearing arrest in a case (Bhelahi PS Case No.48 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that villagers, including the petitioner, assaulted police and freed a co‑accused from custody. The High Court examined the seriousness of the alleged offences and the risk of the petitioner evading trial. Considering the gravity of the charges, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks to seek regular bail, with a warning that failure to do so would lead to his arrest. The order was limited to the anticipatory bail application and does not prejudice later proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111(2), 115(2), 117(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 221, 324(3), 324(6), 76
Subjects
- anticipatory bail
- bail jurisdiction
- criminal procedure
- Bharatiya Nyaya Sanhita
- police assault
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15844 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- Bhelahi District- East Champaran
======================================================
Nandkishore Rai Nut @ Nandkishore Rai S/o Late Badari Rai Nut R/o
Village - Anand Sagar, Gamariya, P.S - Bhelahi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bhelahi P.S. Case No. 48 of 2025 registered for offences under
Sections 190, 191(2), 191(3), 126(2), 115(2), 117(2), 109, 76,
132, 121(1), 121(2), 221, 324(3), 324(6), 111(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution case, the police party
was assaulted by villagers, who managed to free the co-accused
from police custody. The petitioner is alleged to have been one
of the persons involved in the commission of the offence.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
Patna High Court CR. MISC. No.15844 of 2026(2) dt.24-04-2026
2/2
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, East
Champaran, Motihari will take all steps for the arrest of the
petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…