Patna High Court

Pinku RaiversusThe State of Bihar

Decided: 8 April 2026
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

Petitioner Pinku Rai sought anticipatory bail fearing arrest in a case (No.401 of 2025) involving alleged unlawful assembly and assault with weapons, arising from a land dispute. The prosecution alleged that co‑accused Rinku Rai attacked an informant with an axe, and that Pinku Rai and another accused used an iron rod and spade. The petitioner contended that the quarrel was sudden, without premeditation, and that the injuries were minor, noting he already had one prior criminal case and was out on bail. The State opposed the grant of anticipatory bail. After considering the facts, the court held that bail could be granted subject to conditions under Section 482(2) of the B.N.S.S. The order directed the petitioner to surrender within six weeks and furnish bail bonds of Rs.10,000 with two sureties.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offences and his prior criminal antecedent.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
unlawful assembly
assault
land dispute
criminal antecedent
Section 482
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20147 of 2026
                     Arising Out of PS. Case No.-401 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Pinku Rai S/o Wakil Rai R/o Village - Baldiha, P.S - Jamo Bazar, District -
                 Siwan
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh
                 For the Opposite Party/s :      Mr. Umesh Lal Verma
                 ======================================================
                 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 apprehends his arrest in connection

                   with Jamo Bazar P.S. Case No. 401 of 2025 registered for the

                   offences punishable under Sections 126(2), 115, 118(1), 109, 74,

                   303(2), 352, 351(2) and 3 (5) of the BNS.

                                3. As per prosecution case, the allegation against the

                   petitioner is of forming unlawful assembly and of abusing, and on

                   the question of construction of toilet, quarrel took place and as per

                   allegation with respect to petitioner, it has been alleged that co-

                   accused Rinku Rai assaulted upon the head of the informant by

                   means of axe on head specifically, thereafter, petitioner and Minku

                   Rai also assaulted by means of iron rod and spade upon the

                   informant.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.20147 of 2026(2) dt.08-04-2026
                                                        2/2




                      admittedly there is land dispute between the parties and the quarrel

                      took place suddenly without premeditation to kill. Moreover, the

                      injuries sustained by the informant which is clear from Annexure-2

                      that the same is simple in nature and there happens to be only one

                      injury on head which is specifically attributed to co-accused Rinku

                      Rai. It has been submitted that petitioner has got one criminal

                      antecedent and he is on bail.

                                   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 Judicial Magistrate, 1 st

                      Class, Siwan/concerned Court where the case is pending in

                      connection with Jamo Bazar P.S. Case No. 401 of 2025, subject to

                      the conditions as laid down under Section 482 (2) of the B.N.S.S.


                                                 (Praveen Kumar, J)
khushbu/-

U      T

Continue reading with your account

Checking your session…