Patna High Court
Prakash RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Prakash Rai, Shankaj Rai and Kedar Rai, were implicated in an FIR dated 23-11-2025 for alleged assault under several provisions of the Bharatiya Nyay Sanhita, 2023. They sought bail, contending they have clean antecedents and that the dispute stems from a land conflict, with the FIR containing only general allegations. The prosecution opposed the bail. The Court noted the simple nature of the injuries, the existence of a case‑and‑counter‑case, and that similarly situated co‑accused had been granted anticipatory bail. Accordingly, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Banka.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 126(2), 115(2), 109(1), 76, 352, 351(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioners' clean antecedent and the nature of the injury justify bail despite the charges.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 76
Subjects
- bail
- assault
- criminal antecedent
- anticipatory bail
- Bharatiya Nyay Sanhita
- land dispute
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22225 of 2026
Arising Out of PS. Case No.-845 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Prakash Rai S/o Ramcharan Rai R/o Village - Itwa Sadpur, P.S - Amarpur,
District - Banka
2. Shankaj Rai S/o Late Sukdeo Rai R/o Village - Itwa Sadpur, P.S - Amarpur,
District - Banka
3. Kedar Rai @ Kedar Ray S/o Godan Rai R/o Village - Itwa Sadpur, P.S -
Amarpur, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Brij Nandan Prasad, learned counsel for
the petitioners as well as Mr. Murli Dhar, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail in connection with Amarpur
P.S. Case No. 845 of 2025, F.I.R. dated23.11.2025 for the
offences punishable under Sections 126(2), 115(2), 109(1), 76,
352, 351(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, on 23.11.2025,
when the informant was present in his house, in the meantime,
petitioners came and assaulted him by means of lathi, iron rod
and khanti.
Patna High Court CR. MISC. No.22225 of 2026(2) dt.06-04-2026
2/4
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they falsely been
implicated in the present case. It appears from FIR itself that
due to admitted land dispute the present occurrence has taken
place and there is case and counter case between the parties.
Although the petitioners are named in the FIR but from bare
perusal of the FIR it appears that there is no specific allegation
of assault or overt act against them rather there is general and
omnibus allegation against petitioners and the injury report of
the injured persons suggest that injury inflicted upon them is
simple in nature caused by hard and blunt substance and
similarly situated co-accused persons, namely, Siyaram Rai &
others have been granted the privilege of anticipatory bail by the
co-ordinate Bench of this Court vide order dated 02.04.2026 in
Cr. Misc. No. 18784 of 2026. The police after investigation
submitted charge-sheet and the petitioner no.1 in custody since
25.11.2025 and petitioner nos.2 & 3 are in custody since
29.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent and there is case and counter
Patna High Court CR. MISC. No.22225 of 2026(2) dt.06-04-2026
3/4
case between the parties and injury inflicted upon injured
persons is simple in nature and similarly situated co-accused
persons have been granted the privilege of anticipatory bail by
the co-ordinate Bench of this Court, let the petitioners, above
named, be released 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,
Banka in connection with Amarpur P.S. Case No. 845 of 2025,
subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
Patna High Court CR. MISC. No.22225 of 2026(2) dt.06-04-2026
4/4
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…