Patna High Court
Ram Vakil Rai @ Ram Wakil YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court denied anticipatory bail where the offences were grave and the petitioners were directly implicated, but granted anticipatory bail to the petitioner not shown to have committed the most serious act, subject to statutory conditions.
Summary
The petitioners in two separate applications sought anticipatory bail in connection with Lakhaura Police Station Case No.107 of 2024, which alleged offences under several sections of the Bhartiya Nyaya Sanhita, including assault, homicide and related offences. In the first application (Petitioners Lalan Dev Rai and Dharam Dev Rai) the court held that the gravity of the accusations—assault with a farsa leading to the victim's death—precluded the grant of anticipatory bail and ordered the petitioners to surrender within two weeks. In the second application, the petitioners were Ram Vakil Rai and Akhilesh Yadav; the counsel withdrew the application of petitioner 2 (Akhilesh Yadav). The court denied anticipatory bail to petitioner 2 (application withdrawn) but allowed anticipatory bail to petitioner 1 (Ram Vakil Rai) on furnishing a bail bond of Rs 10,000 with two sureties and subject to conditions under Section 482(2) of the B.N.S. The orders were limited to the present applications and did not prejudice subsequent proceedings.
Issues considered
- Whether anticipatory bail can be granted in cases involving serious offences such as assault leading to death under the Bhartiya Nyaya Sanhita.
- Whether the nature and gravity of the allegations preclude the grant of anticipatory bail.
- Whether withdrawal of an application affects the court's discretion to grant anticipatory bail to the remaining petitioner.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 103(1), 109(2), 115(2), 126(2), 303(2), 3(5), 351(3), 352, 482(2), 75
Subjects
- anticipatory bail
- criminal procedure
- assault
- homicide
- bail conditions
- Bhartiya Nyaya Sanhita
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5119 of 2025
Arising Out of PS. Case No.-107 Year-2024 Thana- LAKHAURA District- East Champaran
======================================================
1. Lalan Dev Rai son of Late Harinandan Rai village- Naurangia P.S-Lakhaura
Dist- East Champaran
2. Dharam Dev Rai son of Late Harinand Rai village- Naurangia P.S-Lakhaura
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 26754 of 2025
Arising Out of PS. Case No.-107 Year-2024 Thana- LAKHAURA District- East Champaran
======================================================
1. Ram Vakil Rai @ Ram Wakil Yadav Son of Mahendra Rai village-
Naurangiya P.S- Lakhaura Dist- East Champaran
2. Akhilesh Yadav @ Akhilesh Rai son of Ram vakil Rai village- Naurangiya
P.S- Lakhaura Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 5119 of 2025)
For the Petitioner/s : Ms. Eashita Raj
Mr. Anuj Kumar
For the Opposite Party/s : Mr. Md. Ataur Rahman
(In CRIMINAL MISCELLANEOUS No. 26754 of 2025)
For the Petitioner/s : Ms. Eashita Raj
Mr. Anuj Kumar
For the Opposite Party/s : Mr. Satyendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-02-2026 Ref:- Criminal Miscellaneous No.5119 Of 2025
Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Patna High Court CR. MISC. No.5119 of 2025(3) dt.19-02-2026
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Lakhaura P.S. Case No. 107 of 2024, registered for the offences
punishable under Section 126(2), 115(2), 109(2), 75, 303(2),
352, 351(3) read with Section 3(5) of the Bhartiya Nyaya
Sanhita. Subsequently, Section 103(1) of the B.N.S. was added.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim with a farsa, and during the
treatment, the victim died.
4. Considering the nature of the accusation, the
gravity of the offence, and the direct allegation of assault against
the petitioners, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioners.
5. The application for anticipatory bail is, accordingly,
dismissed.
6. The petitioners are directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, East
Champaran, Motihari will take all steps for the arrest of the
petitioners.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
Patna High Court CR. MISC. No.5119 of 2025(3) dt.19-02-2026
3/4
Ref:- Criminal Miscellaneous No. 26754 of 2025
8. Heard the learned counsel for the petitioners and
the learned counsel for the State.
9. The petitioners apprehend arrest in connection with
Lakhaura P.S. Case No. 107 of 2024 registered for the offences
punishable under Section 126(2), 115(2), 109(2), 75, 303(2),
352, 351(3) read with Section 3(5) of the Bhartiya Nyaya
Sanhita. Subsequently, Section 103(1) of the B.N.S was added.
10. As per the prosecution case, petitioner no. 1, Ram
Vakil Rai @ Ram Wakil Yadav, is said to have torn the clothes
of the informant’s granddaughter, Rima Devi, and assaulted her
with the butt of a pistol, whereas petitioner no. 2, Akhilesh
Yadav @ Akhilesh Rai, is said to have assaulted the informant
with a farsa.
11. After some arguments, the learned counsel for the
petitioners, without prejudice, seeks permission to withdraw the
application filed on behalf of the petitioner no. 2.
12. Permission as prayed is granted.
13. Accordingly, the present application filed on
behalf of petitioner no. 2 is hereby dismissed as withdrawn.
14. So far as the petitioner no. 1 is concerned,
considering the allegations levelled against him, his prayer for
Patna High Court CR. MISC. No.5119 of 2025(3) dt.19-02-2026
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anticipatory bail is allowed.
15. Accordingly, let the petitioner no. 1 Ram Vakil Rai
@ Ram Wakil Yadav, in the event of arrest or surrender within
four weeks from today in the Court below, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, East
Champaran, Motihari/concerned Court below in connection
with Lakhaura P.S. Case No. 107 of 2024 subject to the
conditions as laid down under Section 482(2) of the BNSS.
16. It is, however, clarified that the observations made
herein are limited to the adjudication of the present applications
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
17. Accordingly, this application is partly allowed.
18. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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