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Patna High Court

Nandkishore Rai Nut @ Nandkishore RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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