Patna High Court
Rajnarayan RaiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Petitioner No.1's specific alleged participation in the assault justifies denial of bail, whereas the general allegations against petitioners No.2 and No.3 justify granting bail with bond.
Summary
The petitioners – Rajnarayan Rai, his son Ram Sabad Kumar and wife Rajdulari Devi – applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, including offences of assault and murder. The court examined the specific role of each accused, noting that petitioner No.1, Rajnarayan Rai, was alleged to have directly assaulted the deceased with a hard blunt object, while the allegations against petitioners No.2 and No.3 were general and omnibus. The informant opposed bail, but the court held that the seriousness of petitioner No.1's alleged conduct warranted denial of bail. Conversely, the lack of specific charges against petitioners No.2 and No.3 led the court to grant them bail on condition of a Rs.10,000 bond each with two sureties. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether petitioner No.1 is entitled to regular bail given the specific allegation of assault and murder.
- Whether petitioners No.2 and No.3 are entitled to bail despite only general allegations.
- Whether the conditions of bail (bond and sureties) are appropriate under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(2), 118(2), 126(2), 304, 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- murder
- Bharatiya Nyaya Sanhita
- high court
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22079 of 2026
Arising Out of PS. Case No.-314 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
1. Rajnarayan Rai S/o Late Shiv Shankar Rai R/o Village - Jagirha Kamralla,
P.S - Lakhaura, District - East Champaran, Motihari
2. Ram Sabad Kumar S/o Rajnarayan Rai R/o Village - Jagirha Kamralla, P.S -
Lakhaura, District - East Champaran, Motihari
3. Rajdulari Devi W/o Rajnarayan Rai R/o Village - Jagirha Kamralla, P.S -
Lakhaura, District - East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the State : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners; learned APP
for the State and learned counsel for the informant.
2. The petitioners seek bail in connection with
Lakhaura P.S. Case No. 314 of 2025 registered for the offence
punishable under Sections 115(2), 126(2), 304, 117(2), 76,
118(2), 109, 352, 351(2), 3(5) and 103(1) of the Bharatiya
Nyaya Sanhita.
3. The petitioner no. 1 namely, Rajnarayan Rai, is said
to have assaulted the deceased with hard blunt object and the
Patna High Court CR. MISC. No.22079 of 2026(2) dt.08-04-2026
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other accused persons are thereafter said to have assaulted the
deceased.
4. The petitioner no. 2 is the order-giver and the
petitioner no. 3 is a woman and against petitioner nos. 2 and 3,
there is general allegation.
5. The petitioners are in custody since 17.12.2025.
6. Learned counsel for the informant has vehemently
opposed the prayer for bail.
7. Considering the specific role assigned to the
petitioner no. 1, namely, Rajnarayan Rai, his application for
regular bail is dismissed.
8. So far as the petitioner nos. 2 and 3 are concerned,
considering the general and omnibus allegation against them,
their application for regular bail is allowed.
9. Let the petitioner nos. 2 and 3, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned C.J.M., East Champaran, Motihari/
concerned Court in connection with Lakhaura P.S. Case No. 314
of 2025.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
Patna High Court CR. MISC. No.22079 of 2026(2) dt.08-04-2026
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application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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