Patna High Court
Ram Kailash Rai @ Kailash RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, Ram Kailash Rai and Ajeet Kumar, sought anticipatory bail fearing arrest in a police case (No.342/2025) filed under several sections of the BNS Act for alleged assault. The prosecution alleged that the petitioners assaulted the informant and another individual, leading to the FIR. The petitioners contended that there was a case and counter‑case, the injuries were simple, and they had no prior criminal record. The State opposed the bail, maintaining that both petitioners were implicated in the assault. Considering the nature of the injuries and lack of antecedent, the Court exercised its power under Section 438(2) of the Cr.P.C. to grant anticipatory bail with specific conditions, including bond, sureties, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. despite the pending assault charges.
- Whether the nature of the injuries and lack of criminal antecedent justify the grant of bail.
Legislation cited
- BNS Act — s. 109, 115(2), 126(2), 127(2), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- BNS Act
- assault
- simple injury
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21542 of 2026
Arising Out of PS. Case No.-342 Year-2025 Thana- PUPRI District- Sitamarhi
======================================================
1. Ram Kailash Rai @ Kailash Rai Son of Late Ram Charitra Rai Resident of
Village- Balha Maksudan, P.S.- Pupri, Dist- Sitamarhi
2. Ajeet Kumar @ Ajit Kumar Son of Govind Rai Resident of Village- Balha
Maksudan, P.S.- Pupri, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-05-2026 Heard Mr.Ashok Kumar Jha, learned counsel for the
petitioners and the State through virtual mode.
2. The petitioners are apprehending arrest in
connection with Pupri P.S. Case No. 342/2025 instituted under
Sections 126(2), 115(2), 109, 127(2), 3(5) of the BNS Act
lodged on 08.10.2025 by the informant, Santosh Kumar.
3. As per the prosecution story, the informant alleged
that as he was sitting at his house, the accused persons came,
surrounded him and after abuse, the assault. The allegation
against Ajeet Kumar is of assaulting the informant while the
petitioner no.01, Ram Kailash Rai assaulted Naresh Rai on his
head. This led to the treatment/ FIR.
4. Learned counsel for the petitioners submit that
there is case and counter case. Both sides have suffered and with
the help of different Annexures has shown that the injury has
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been found to be simple in nature.
5. Learned APP, Mr. Jitendra Kumar Singh opposes
the prayer submitting that the allegation of assault is on both
the petitioners.
6. Considering the submissions of the parties as also
that there is case and counter case, the injuries are recorded as
simple and they do not have criminal antecedent, in that
background, this Court is inclined to extend them the privilege
of anticipatory bail.
7. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Pupri P.S. Case No.
342/2025 to the satisfaction of learned SDJM, Pupri at
Sitamarhi subject to the conditions as laid down under Section
438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) The petitioners shall be appearing before the
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police station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/S. Prasad
U T
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