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Patna High Court

Sri Kant Rai @ Lilawant KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Sri Kant Rai, also known as Lilawant Kumar, was arrested in connection with a violent incident in Dariyapur, Saran, where he was alleged to have assaulted the husband of an informant with an iron rod. The prosecution charged him under multiple sections of the B.N.S., including offences relating to assault, rioting, and criminal intimidation, and highlighted a prior criminal case against him. The petitioner contended that he was falsely implicated, that the injury inflicted was minor, and that there existed a counter‑version of the case, having been in judicial custody since 16 November 2025. The State opposed bail, citing the seriousness of the charges and the petitioner’s antecedent. After hearing both sides, the Patna High Court deemed the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite multiple serious charges under the B.N.S.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail

Legislation cited

  • B.N.S. — s. 103, 109, 115(2), 118(1), 126(2), 303(2), 324(2), 3(5), 351(2), 352

Subjects

  • regular bail
  • bail bond
  • sureties
  • assault
  • criminal antecedent
  • B.N.S.
  • Patna High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26781 of 2026
                      Arising Out of PS. Case No.-713 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sri Kant Rai @ Lilawant Kumar S/o Lal Deo Rai Resident of Village-
                 Khajuhatta, P.S.- Dariyapur, Dist.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 118(1), 303(2), 324(2), 351(2), 352, 3(5) and 103

                   of the B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others being armed with lathi-danda

                   arrived and started abusing and assaulting. The specific

                   allegation against the petitioner is that he has assaulted with iron

                   rod on the head of the informant’s husband.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
             Patna High Court CR. MISC. No.26781 of 2026(2) dt.22-04-2026
                                                         2/2




                       case. Learned counsel for the petitioner has submitted that the

                       injury which has been received by the husband of the informant

                       is simple in nature. It has further been submitted that there is

                       also a counter version of this case. Petitioner is languishing in

                       judicial custody since 16.11.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of one case.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Judicial

                       Magistrate First Class, Saran at Chapra in connection with

                       Dariyapur P.S. Case No.713 of 2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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