Patna High Court

Awadh Bihari @ Awadh Bihari Rai @ Nand Bihari PrasadversusThe State of Bihar

Decided: 19 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted bail to all petitioners subject to bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, a group of fourteen individuals from Sobaiya village, were accused of assaulting a grocery shop owner, his family, and destroying property over a credit dispute, with charges under numerous sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that more than one hundred persons participated, but the petitioners contended that the incident was a minor altercation and that only one co‑accused, Subhash Kumar, actually assaulted the informant’s niece, whose hand was fractured. The petitioners claimed the matter had been compromised and a compromise petition was filed, and they emphasized that except for one petitioner, none had prior criminal records. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the compromise, the lack of prior records, and the nature of the injuries, granted bail to all petitioners subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail should be granted to the petitioners despite multiple serious charges under the Bharatiya Nyaya Sanhita
Whether the compromise between the parties affects the bail consideration
Whether the presence of a single serious injury (fractured hand) warrants denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 351(3), 352, 75(2)

Subjects

bail
criminal procedure
compromise
multiple accused
assault
section 191
section 482

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.2559 of 2026
     Arising Out of PS. Case No.-95 Year-2025 Thana- TURKAULIYA District- East Champaran
     ======================================================
1.    Awadh Bihari @ Awadh Bihari Rai @ Nand Bihari Prasad Son of Awadesh
      Rai @ Awadesh Yadav R/O Village- Sobaiya, P.S.- Kotwa, District- East
      Champaran
2.   Vikky Rai @ Vikky Kumar Son of Sunil Rai @ Sunil Prasad Yadav R/O
     Village- Sobaiya, P.S.- Kotwa, District- East Champaran
3.   Sambhu Rai @ Sambhu Prasad Yadav Son of Jiya Lal Rai @ Jiya Lal Yadav
     R/O Village- Sobaiya, P.S.- Kotwa, District- East Champaran
4.   Rahul Kumar Son of Nand Bihari @ Nand Bihari Prasad. R/O Village-
     Sobaiya, P.S.- Kotwa, District- East Champaran
5.   Lalan Rai @ Lalan Prasad Yadav Son of Ramswarup Rai @ Ramswarup
     Prasad. R/O Village- Sobaiya, P.S.- Kotwa, District- East Champaran
6.   Chunchu Rai @ Chunnu Lal @ Chunu Rai Son of Lalan Rai @ Lalan Prasad
     Yadav. R/O Village- Sobaiya, P.S.- Kotwa, District- East Champaran
7.   Rampravesh Rai @ Rampravesh Yadav Son of Parma Rai @ Parmanand
     Yadav R/O Village- Sobaiya, P.S.- Kotwa, District- East Champaran
8.   Chandan Rai @ Chandan Kumar Son of Nagina Rai @ Nagina Yadav R/O
     Village- Sobaiya, P.S.- Kotwa, District- East Champaran
9.   Surendra Rai Son of Bhadai Rai @ Udhyanand Rai. R/O Village- Sobaiya,
     P.S.- Kotwa, District- East Champaran
10. Bablu Kumar Yadav @ Bablu Kumar Son of Rajendra Rai R/O Village-
    Sobaiya, P.S.- Kotwa, District- East Champaran
11. Sikandar Rai @ Sikendar Prasad Yadav @ Sikendra Rai Son of Binda Rai @
    Bidya Nand Rai. R/O Village- Sobaiya, P.S.- Kotwa, District- East
    Champaran
12. Manish Rai @ Manish Kumar Son of Ajay Rai @ Ajay Yadav. R/O Village-
    Sobaiya, P.S.- Kotwa, District- East Champaran
13. Mahesh Rai Son of Musaheb Rai R/O Village- Sobaiya, P.S.- Kotwa,
    District- East Champaran
14. Uday Rai @ Uday Kuamr Yadav Son of Binda Rai Resident of Village-
     Sobaiya, Police Station- Kotwa, District- East Champaran
                                                                 ... ... Petitioner/s
                                       Versus
    The State of Bihar
                                                          ... ... Opposite Party/s
    ======================================================
     Appearance :
     For the Petitioner/s     :      Mr. Vijay Shankar Shrivastava, Advocate
     For the Opposite Party/s :      Mr. Md. Fahimuddin, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                           ORAL ORDER
         Patna High Court CR. MISC. No.2559 of 2026(3) dt.19-03-2026
                                                     2/3




3   19-03-2026                       Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   118(1), 117(2), 75(2), 109, 303(2), 352, 351(2) and 351(3) of

                   Bharatiya Nyaya Sanhita.

                               3. As per the prosecution case, the informant has a

                   grocery shop and with respect to taking grocery articles on

                   credit, some dispute arises between the parties. It is alleged that

                   more than 100 accused persons including the petitioners came at

                   the shop of the informant and assaulted the informant, his family

                   members and other persons and the articles of the shop were

                   also destroyed.

                              4. Learned counsel for the petitioners submits that due

                   to petty dispute, altercation took place between the parties. The

                   injuries to the injured are simple in nature except the injury to

                   one maternal niece of the informant, whose hand was fractured.

                   Further submission is that the specific allegation is against the

                   co-accused Subhash Kumar that he has assaulted the maternal

                   niece of the informant. Learned counsel submits that both the

                   parties have compromised the case and compromise petition has

                   already been filed before the Court concerned. Except petitioner
            Patna High Court CR. MISC. No.2559 of 2026(3) dt.19-03-2026
                                                        3/3




                      no. 9, Surendra Rai, who has one criminal antecedent in which

                      he is on bail, other petitioners have no criminal antecedent. They

                      undertake to cooperate in the investigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances

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

                      nature of allegation against the petitioners, let the above named

                      petitioners be released on bail, in the event of arrest or surrender

                      before the learned court below within a period of six weeks

                      from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

                      Thousand) each with two sureties of the like amount each to the

                      satisfaction of learned Chief Judicial Magistrate, Motihari, East

                      Champaran in connection with Turkauliya P.S. Case No. 95 of

                      2025, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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