Patna High Court
Chathu Rai @ Ramshekhar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita — s. 110, 115(2), 126(2), 3(5), 352, 482(2)
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
2/3
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
3/3
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/-
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