Patna High Court
Brij Kishor Rai @ Braj Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to a bond and sureties, under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Brij Kishor Rai, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for alleged assault on informant Rina Devi on 28‑06‑2025. The prosecution alleged that the petitioner, along with others, attacked the informant with deadly weapons, causing a head injury. The petitioner contended that the parties are co‑relatives involved in a land dispute, resulting in mutual injuries that are simple in nature, and argued for bail. The State opposed the bail application. The Court, considering the case‑and‑counter‑case facts and the relationship between the parties, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS, 2023.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.
- Whether the co‑relative relationship and the land‑dispute context justify bail despite the seriousness of the charges.
- Whether the alleged assault constitutes a non‑bailable offence under the cited sections of the BNS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 318(1), 329(3), 329(4), 333, 3(5), 351(2), 482(2), 76
Subjects
- bail
- assault
- co-relative
- land dispute
- Bharatiya Nagarik Suraksha Sanhita
- criminal law
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2092 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Brij Kishor Rai @ Braj Kishor Yadav S/o Late Rajdeo Rai Resident Of
Village -Bairiya, Ps- Kesariya, Dist- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126( 2 ), 115 ( 2 ),
329 (3) , 318 (1) , 109, 76, 329 ( 4 ), 333 , 351 ( 2 ) and 3 (5) of
BNS.
3 . The prosecution case , in brief, is that informant
namely , Rina devi alleged that on 28.06.2025 , when informant
was at her doorstep , all the named accused persons including
this petitioner armed with deadly weapons came and assaulted
informant and others. It is alleged that this petitioner inflicted
farsa blow on the head of informant, as a result of which she
sustained injury .
4. It is submitted on behalf of the petitioner that both
Patna High Court CR. MISC. No.2092 of 2026(2) dt.31-01-2026
2/2
parties are co-relative and happens to be descendant of common
ancestor. It is further submitted that on account of land dispute ,
a maarpeet took place between both the parties in which both
sides inflicted injury on each other. Case and counter case .
Injuries allegedly caused by this petitioner is simple in nature .
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, case and counter
case and other circumstances of the case , in the event of arrest
or surrender within eight weeks from today, let the petitioner, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate
East Champaran Motihari in connection with Kesariya P.S. Case
No. 301 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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