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Patna High Court

Niraj Kumar Rai @ Neeraj Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner, holding that the seriousness of the allegations and the risk of tampering justified refusal.

Summary

Niraj Kumar Rai applied for anticipatory bail in a case (Sonepur P.S. Case No. 943 of 2025) involving offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S. The informant alleged that Rai had previously stabbed him in a separate case (Case No. 937 of 2025) and later assaulted him with the butt of a pistol, causing head injury. Rai contended that the informant was using the criminal process to settle a personal dispute and that the charges were false. The State argued that granting bail could enable Rai to tamper with evidence. After hearing both sides, the Court declined to grant anticipatory bail, finding the allegations serious enough to warrant the petitioner’s continued custody. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged serious offences and the risk of evidence tampering
  • Whether the allegations made by the informant constitute a false case or a genuine criminal complaint

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352

Subjects

  • anticipatory bail
  • false case
  • assault
  • evidence tampering
  • B.N.S. sections
  • Criminal Procedure Code
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19162 of 2026
                       Arising Out of PS. Case No.-943 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Niraj Kumar Rai @ Neeraj Kumar Rai S/O Tarkeshwar Rai @ Truck Rai R/O
                 Village- Kalyanpur, P.O- Baijalpur, P.S- Sonepur, Distt.- Saran at Chapra.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar
                 For the Opposite Party/s :       Mr.Rajiv Nayan
                                                  Ms.Priyanka Singh
                                                  Ms.Eashita Raj
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Sonepur P. S. Case No. 943 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 352,

                   351(2), 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases and the informant

                   alleges that on 06.09.2025, Deepak along with petitioner

                   attempted to snatch his bike. On protest, the accused stabbed

                   him for which Sonepur P. S. Case No. 937 of 2025 was

                   instituted. It is next alleged that the accused persons including
Patna High Court CR. MISC. No.19162 of 2026(2) dt.06-04-2026
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          the petitioner were pressurizing to compromise the earlier case

          but informant refused, thereafter on 16.09.2025 at 7.00 P.M.

          when informant was returning from Sonepur when he was

          intercepted by the named accused persons including the

          petitioner and petitioner assaulted him by butt of pistol causing

          injury on head.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that a dispute in between the

          petitioner and the informant is already going on and a false case

          by the informant has been instituted against the petitioner and

          others being Sonepur P. S. Case No. 937 of 2025.

                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the anticipatory

          bail application and submits that informant specifically alleges

          that earlier he was stabbed for which Sonepur P. S. Case No.

          937 of 2025 was instituted in which petitioner is also an accused

          and petitioner along with others were pressurizing the informant

          to compromise the said case but when informant refused, the

          instant occurrence was committed i.e. petitioner assaulted him

          by butt of pistol causing injury on head. It is also submitted that

          if privilege of anticipatory bail is granted, the petitioner may try
               Patna High Court CR. MISC. No.19162 of 2026(2) dt.06-04-2026
                                                           3/3




                         to tamper with the evidence.

                                       6. After hearing the learned counsel for the parties

                         and taking into consideration the submissions made by the

                         learned counsel appearing on behalf of the informant, the Court

                         is not inclined to extend the privilege of anticipatory bail to the

                         petitioner.

                                       7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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