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Patna High Court

Pramjeet RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail.

Summary

Petitioner Pramjeet Rai was arrested in connection with an assault case where 8-10 persons allegedly attacked the informant's family, resulting in serious injuries and death. The FIR originally named 15 accused, later adding another co-accused, but no specific overt act was attributed to the petitioner. The petitioner claimed innocence, citing lack of material linking him to the assault and pointing to an eye‑witness statement that identified another accused. The prosecution opposed bail, while the petitioner’s counsel argued that the allegations were omnibus and that he had no criminal antecedents. After considering the submissions and the absence of specific evidence against the petitioner, the court ordered his release on regular bail upon furnishing a bond and sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under multiple sections of the Bharatiya Nyaya Sanhita.
  • Whether the lack of specific allegation against the petitioner warrants granting bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • omnibus allegation
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2333 of 2026
                      Arising Out of PS. Case No.-247 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Pramjeet Rai Son of Nagdeo Rai Resident Of Village- Rustampur P.s-
                 Raghopur District -Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                                  Mrs. Kajal Kumari, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 For the informant        :       Mr. Abhimanyu Deo Advocate
                                                  Ms. Srishti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                 2. The petitioner seeks regular bail in Raghopur P.S.

                   Case No. 247 of 2025, dated 11-09-2025, registered under

                   Sections 191(2), 192(3), 126(2), 115(2), 117(2), 109, 74, 352,

                   and 351(2) of the Bharatiya Nyaya Sanhita, 2023. Subsequently,

                   Section 103 of the BNS was also added.

                                 3. The prosecution case, in brief, is that on 09.09.2025

                   at about 10:00 A.M. the informant saw his son being assaulted

                   by 8-10 persons. When the informant along with his wife and

                   brother intervened the accused persons having been armed with

                   lathis and rods also assaulted his wife and brother with bricks,
Patna High Court CR. MISC. No.2333 of 2026(3) dt.01-04-2026
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          stones and rods, causing serious head injuries. The injured were

          first taken to Raghopur PHC for treatment and later referred to

          Patna NMCH, where the condition of the informant’s son is

          stated to be serious.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. It is further submitted that the FIR was initially

          lodged against 15 named accused persons and subsequently,

          after about one month, one co-accused, namely Radha Devi,

          was added on the basis of the statement of the mother of the

          deceased. Learned counsel submits that this is merely an

          addition to the list of accused persons and aforesaid Radha

          Devi has already been granted bail by a Co-ordinate Bench of

          this Court by order dated 28.01.2026 passed in Cr. Misc. No.

          91849 of 2025.It is next submitted that the accused persons,

          including the present petitioner have not been attributed any

          specific overt act and the allegations against them are general

          and omnibus in nature. Referring to the postmortem report, it is

          submitted that the deceased sustained a single head injury and

          death caused due to craniocerebral injury. Learned counsel

          further draws the attention of the Court to paragraph no. 33 of

          the case diary, which reveals that an application submitted by
Patna High Court CR. MISC. No.2333 of 2026(3) dt.01-04-2026
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          Savita Devi, wife of the injured Bhikham Rai was entered as a

          ‘Sanha’ at Rustampur Police Station, bearing Sanha No. SDE-

          336/25 dated 15.09.2025. In the said application, she has

          specifically alleged that co-accused Binod Rai assaulted her

          husband (deceased) with an iron rod on his head causing

          grievous injury. It is submitted that the said witness, who claims

          to be an eye-witness to the occurrence, has attributed the

          specific act of assault to the said co-accused and not to the

          present petitioner. It is next submitted that there is no material

          on record to suggest any specific allegation of assault against

          the petitioner. Lastly, it is submitted that the petitioner is in

          judicial    custody       since    21.10.2025       having   no   criminal

          antecedents. Charge-sheet has already been submitted in the

          case.

                       5. Learned counsel for the informant and learned

          Additional Public Prosecutor for the State have vehemently

          opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned CJM Vaishali, in
           Patna High Court CR. MISC. No.2333 of 2026(3) dt.01-04-2026
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                     connection with Raghopur P.S. Case No. 247 of 2025.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U


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