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Patna High Court

Chathu Rai @ Ramshekhar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Chathu Rai, sought anticipatory bail in connection with PS Koilwar Case No. 266 of 2025, wherein he was implicated for offences under Sections 126(2), 115(2), 110, 352 and 3(5) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that on 8 November 2025 a dispute over garbage escalated, leading to the petitioner and others assaulting the informant’s family members with lathis and dandas. The petitioner contended that he was falsely implicated, that the injuries were minor, that there was no pre‑meditation to kill, and that he had a clean criminal record. The State opposed the anticipatory bail, arguing the seriousness of the offences. The Court, after considering the facts and the nature of the allegations, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, imposing conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences under the B.N.S.S.
  • Whether the allegations constitute a case where the court’s inherent powers under Section 482(2) of the B.N.S.S. can be exercised to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharitya Nagrik Suraksha Sanhita
  • Section 482
  • assault
  • bail conditions
  • pre‑meditation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19800 of 2026
                      Arising Out of PS. Case No.-266 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Chathu Rai @ Ramshekhar Ray S/o Late Rakatu Ray @ Raktu Rai R/o vill -
                 Yadav Tola, Kulhariya, P.S. - Koilwar, Distt.- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md. Helal Ahmad, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The Petitioner is apprehending his arrest in

                   connection with Koilwar P.S. Case No. 266 of 2025 registered

                   for the offences punishable under Sections 126(2), 115(2), 110,

                   352 and 3(5) of the B.N.S.

                                3. As per the prosecution case, on 08.11.2025 at about

                   04:30 P.M., dispute arose between the parties on account of

                   throwing of garbage. On being opposed by the daughter-in-law

                   of the informant, co-accused Rinki Kumari started abusing her

                   and at the very moment, the petitioner and other persons armed

                   with lathi and danda arrived and started assaulting the

                   informant, Dharmendra Rai (son of the informant) and Phool

                   Kumari (daughter-in-law of the informant).
Patna High Court CR. MISC. No.19800 of 2026(2) dt.08-04-2026
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                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that there is general and

          omnibus allegation against the petitioner and the occurrence

          took place suddenly without any premeditation to kill and this

          case has been registered under Section 110 BNS and not under

          Section 109 of the BNS. Moreover, from perusal of the injury as

          annexed in Annexure-2, it is evident that the informant Ram

          Nath Rai and his daughter-in-law Phool Kumari has sustained

          simple injury caused by hard and blunt substance (HBS) while

          there is no injury report of son of the informant on record.

          Lastly, it has been submitted that the petitioner has clean

          criminal antecedent as stated in para 3 of the bail petition.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as well as the nature of allegation against the

          petitioner, let the above named petitioner, in the event of his

          arrest/surrender within a period of six weeks from today, be

          enlarged on anticipatory bail on furnishing bail-bond of Rs.

          10,000/- (Rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned court concerned,
              Patna High Court CR. MISC. No.19800 of 2026(2) dt.08-04-2026
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                        Bhojpur in connection with Koilwar P.S. Case No. 266 of 2025,

                        subject to the conditions as laid down under Section 482(2) of

                        the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                     7. This application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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