Patna High Court
Vidya RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Vidya Rai, was arrested on 19 January 2026 in connection with an FIR dated 1 January 2026 alleging assault with a deadly weapon causing injuries to an informant. He contended that he was falsely implicated and that the injury report indicated only simple injuries caused by a blunt object. The State opposed bail, highlighting the specific allegations and the petitioner’s three other pending cases, though he was on bail in two of them. The court examined the seriousness of the charges, the petitioner’s criminal antecedent, and the possibility of tampering with evidence. Considering the circumstances, the court ordered his release on bail of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering. The bail bond was to be secured without delay for verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under Sections 126(2), 115(2), 118(1), 109, 351(2), 352 and 3(5) of the BNS.
- Whether the petitioner’s prior criminal cases affect his eligibility for bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- false implication
- criminal antecedent
- conditions of bail
- section 126
- section 115
- section 118
- section 109
- section 351
- section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18588 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- AWTARNAGAR District- Saran
======================================================
Vidya Rai S/O Late Raghunandan Rai R/o Village- Ramgadha, P.S.- Awatar
nagar, Dist.- Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr.Nalin Kumar, learned counsel for the
petitioner and Mr.Bishweshwar Ram, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
19.01.2026 in connection with Awatar Nagar P.S. Case No. 02
of 2026, F.I.R. dated 01.01.2026 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 109, 351(2),
352, 3(5) of BNS.
3. Allegation against the petitioner is that he assaulted
to the informant with deadly weapon causing injury on his head
and stomach.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. It appears from the FIR that due to some petty
Patna High Court CR. MISC. No.18588 of 2026(2) dt.24-03-2026
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dispute, the present occurrence has taken place. There is case
and counter case. Although there is specific allegation against
the petitioner that he has assaulted to the informant and
informant has received the injury but the injury report of the
informant suggests that the injury is simple in nature caused by
hard and blunt substance and the petitioner is in custody since
19.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that there is direct and
specific allegation against the petitioner in the FIR, apart from
that, the petitioner carries three more cases other than the
present one but fairly submits that out of three cases, the
petitioner is on bail in two cases, and rest one case is pending
for consideration before the competent court of law, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned J.M.1st Class, Saran, Chapra
in connection with Awatar Nagar P.S. Case No. 02 of 2026,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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