Patna High Court
Sonelal RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied the petitioner's application for regular bail.
Summary
Petitioner Sonelal Rai applied for regular bail in a case where he is accused of assaulting an informant with a farsa, causing injuries, under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The petitioner claims he was falsely implicated due to a land dispute and that the injury was simple. The State and the informant opposed bail, emphasizing the direct allegation, the nature of the injury, and the petitioner’s antecedents. After hearing both sides, the Court found the allegations and injury sufficient to deny bail. The application was rejected, but the petitioner was permitted to renew the bail prayer after six months.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bhartiya Nyaya Sanhita, 2023 given the nature of the offences and the evidence of injury.
- Whether the alleged land dispute and the simplicity of the injury justify granting bail despite the seriousness of the charges.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 110, 115(2), 118(1), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 351(3), 352
Subjects
- bail
- regular bail
- criminal procedure
- assault
- Bhartiya Nyaya Sanhita
- injury
- land dispute
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23506 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Sonelal Rai S/o Satyanarayan Rai Resident of village - Tajpur Saraiya, P.s.-
Rajepur, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Sharad Kumar Verma
Mr. Sagar Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
Mr. Amit Bhushan, Advocate
Mr. Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rajepur P.S. Case
no.340 of 2025, registered under sections 329(3), 329(4),
126(2), 115(2), 118(1), 110, 303(2), 352, 351(2), 351(3) and
3(5) of the Bhartiya Nyaya Sanhita, 2023 to which section 109
of the B.N.S, 2023 was added subsequently.
3. As per the prosecution case, the informant states
that the six named accused persons including the petitioner
herein came variously armed. The petitioner is said to have
assaulted the informant on his head with a farsa leading to
injuries.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23506 of 2026(2) dt.08-04-2026
2/2
petitioner has been falsely implicated in the case because of land
dispute between the parties. No such occurrence as alleged in
the FIR has taken place. Referring to the injury report
(Annexure-2), it is submitted that the injury has been found to
be simple in nature. The petitioner is in custody since 13.2.2026.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioner is named in
the FIR and there is direct allegation against him of having
assaulted with a farsa together with the corresponding incised
wound on the vital part of the body caused by sharp cutting
weapon has been found. The petitioner has antecedents as
mentioned in paragraph no.3 of the petition.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR together with
the corresponding injury having been found, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
Shiv/-
U T
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