Patna High Court
Brij Kishor Rai @ Braj Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
Petitioner Brij Kishor Rai sought anticipatory bail after being implicated in a case alleging assault on an informant with weapons, causing injuries. The prosecution alleged that Rai and co‑accused attacked the informant at the scene and later at a hospital, invoking several offences under the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated due to family ties, highlighted a delay and discrepancy in the FIR dates, argued the injuries were minor, and claimed he was not present at the hospital. The State opposed the bail. Considering the facts, the court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., if he surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the delay and discrepancy in the FIR, and the claim of false implication, warrant denial of bail.
- Whether the nature and extent of the alleged injuries affect the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 189(2), 190, 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- false implication
- FIR delay
- assault
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20087 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- KESARIA District- East Champaran
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Brij Kishor Rai @ Braj Kishor Yadav S/o Late Rajdeo Rai R/o Village -
Bairiya, P.S - Kesariya, District - East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar
For the Opposite Party/s : Mr. Syed Ehteshamuddin
======================================================
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. In the present case, the petitioner is apprehending his
arrest in connection with Kesariya P.S. Case No. 398 of 2025
registered for the alleged offence under Sections 189(2), 126(2),
115(2), 117(2), 109, 303(2), 352, 351(2) and 190 of Bharatiya
Nyaya Sanhita, 2023.
3. As per prosecution case, petitioner and other co-
accused persons armed with lathi, danda and iron rod welded to
the chain ring of bicycle, assaulted the informant causing a number
of injuries to him including three fractures on the hands of the
informant. The informant was assaulted as he was witness of
Kesariya P.S. Case No. 30 of 2025. When the informant was taken
to hospital, he was again assaulted by these persons.
Patna High Court CR. MISC. No.20087 of 2026(2) dt.08-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case.
The name of the petitioner has been dragged in the present case
merely because he is a family member of the accused side of
Kesariya P.S. Case No. 30 of 2025. Learned counsel further
submits that the alleged occurrence took place on 18.07.2025,
written report was given on 16.08.2025 and FIR was lodged on
29.08.2025, though date of occurrence has wrongly been
mentioned in the FIR as 18.08.2025. There is no explanation of
this inordinate delay. However, delay goes on to show the
afterthought and false implication of the petitioner who is having
clean antecedent. Learned counsel further submits that there is no
serious injury on the informant as the injury found on the
informant is one scalp wound on upper left side of size 6cm x 1
cm and dimension of injury shows it is only a laceration. Learned
counsel further submits that though it has been alleged in the FIR
that two persons were apprehended from the hospital but they
were apprehended in some other case and, moreover, this
petitioner was not apprehended from the hospital, which means he
was not present there. The petitioner has got one criminal
antecedent in which he is on bail. Moreover, similarly situated co-
accused namely Awadh Rai @ Avadya Ray has been granted
privilege of anticipatory bail by a coordinate Bench of this Court
Patna High Court CR. MISC. No.20087 of 2026(2) dt.08-04-2026
3/3
vide order dated 01.04.2026 passed in Cr. Misc. No. 14736 of
2026 and the petitioner’s ground is on better footing.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, let the
petitioner, above named, in the event of his arrest or surrender
before the Court below within a period of six weeks from the date
of receipt of the order, be released on bail on furnishing bail bonds
of Rs. 10,000/- (rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, East Champaran, Motihari/concerned Court
where the case is pending in connection with Kesariya P.S. Case
No. 398 of 2025, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S.
(Praveen Kumar, J)
khushbu/-
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