Patna High Court
Kishori RaiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to petitioners 1 and 2 subject to conditions under Section 482(2) of the B.N.S., 2023 and dismissed the application with respect to petitioner no.3.
Summary
Petitioners Kishori Rai and Sanjeet Kumar applied for anticipatory bail in a case involving alleged assault and robbery stemming from a land dispute, while petitioner Shashi Rai withdrew his application. The prosecution alleged that the accused, armed with deadly weapons, attacked an informant and his brother, causing injuries and looting. The petitioners contended they were falsely implicated, had clean antecedents, and that a compromise had been reached between the parties. The State opposed the grant of anticipatory bail. Considering the facts, the court granted anticipatory bail to petitioners 1 and 2 subject to a bail bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and dismissed the application with respect to petitioner 3.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1 and 2 under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the application of petitioner 3 can be withdrawn and the corresponding petition dismissed.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 76
Subjects
- anticipatory bail
- criminal miscellaneous application
- land dispute
- assault with deadly weapon
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17733 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
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1. Kishori Rai Son of Late Harinandan Rai R/o Village - Baliya Indrajeet, P.S. -
Bochahan, District - Muzaffarpur.
2. Sanjeet Kumar @ Sanjeet Rai Son of Kishori Rai R/o Village - Baliya
Indrajeet, P.S. - Bochahan, District - Muzaffarpur.
3. Shashi Rai @ Shahidh Rai Son of Kishori Rai R/o Village - Baliya Indrajeet,
P.S. - Bochahan, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate.
For the Opposite Party/s : Mr. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-03-2026 Learned counsel for the petitioner seeks permission to
withdraw the present Cr. Misc. Application with respect to
petitioner no.3, namely, Shashi Rai @ Shahidh Rai.
2. Permission, as prayed for, is granted.
3. Accordingly, the present Cr. Misc. Application
stands dismissed with respect to petitioner no.3, namely, Shashi
Rai @ Shahidh Rai.
4. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
5. The petitioner nos.1 & 2 apprehend their arrest in
connection with Bochahan P.S. Case No.179 of 2025 instituted
Patna High Court CR. MISC. No.17733 of 2026(2) dt.25-03-2026
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under Sections 126(2), 115(2), 118(1), 109, 76, 303(2), 352,
351(2), 351(3) and 3(5) of the B.N.S., 2023.
6. As per the prosecution case, all the named accused
persons including the petitioners armed with deadly weapons
came at the door of the informant and started abusing and
assaulting with knife causing injury to the informant and his
brother and also looted articles from the house of informant due
to some land dispute.
7. Learned counsel for the petitioner nos.1 & 2
submits that petitioners are innocent and have been falsely
implicated in this case. He further submits that specific
allegation is against petitioner no.3, namely, Shashi Rai @
Shahidh Rai causing injury to one Babita Devi who suffered
grievous injury. Learned counsel submits that both the parties
are pattidar and there is land dispute between them and
compromise has already taken place between them. He further
submits that petitioner no.1 is uncle and petitioner no.2 is cousin
brother of informant and due to family dispute with respect to
land, some altercation took place, in which the injuries caused to
the injured. Learned counsel submits that petitioners have got
clean antecedent and they undertake to cooperate in the
investigation and trial of the case.
Patna High Court CR. MISC. No.17733 of 2026(2) dt.25-03-2026
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8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
9. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioners as well as their clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner nos.1 & 2 be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned A.C.J.M. 9 th,
Muzaffarpur East/ concerned Court in connection with
Bochahan P.S. Case No.179 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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