Patna High Court

Naresh RaiversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties and an affidavit committing to cancellation of bail upon any further involvement in similar incidents.

Summary

Naresh Rai was arrested in connection with an assault case (PS Rajepur Case No. 11 of 2025) involving offences under Sections 18(1), 126(2), 115(2), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner claimed the incident stemmed from a land dispute and a pending title suit. The informant, whose family of lawyers alleged they were being driven out of their house by the petitioner, opposed bail. The Court, considering the allegations and the period of custody, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to execute an affidavit that bail would be cancelled if he re‑offends. The order was limited to the bail application and did not express any view on the merits of the underlying criminal case.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
Whether the petitioner poses a risk of tampering with evidence, influencing witnesses, or committing further offences.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 18(1), 303(2), 3(5)

Subjects

bail
assault
land dispute
Bharatiya Nyaya Sanhita
criminal procedure
surety
affidavit
East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26963 of 2026
                    Arising Out of PS. Case No.-11 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Naresh Rai S/O Late Sitaram Rai Village- Sahbajiya, PS- Rajepur, Distt.- East
                 Champaran
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Usha Kumari, Advocate
                 For the State            :        Mr.Dilip Kumar No. 1, Advocate
                 For the informant        :        Mr. Sanjay Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Rajepur P.S. Case No. 11 of 2025 registered for the offence

                   punishable under Sections 18(1), 126(2), 115(2), 109, 303(2)

                   and 3(5) of the Bharatiya Nyaya Sanhita.

                                 3. As per the prosecution case, the petitioner and

                   others are said to have assaulted the victim.

                                 4. The petitioner is in custody since 05.02.2026.

                                 5. Learned counsel for the petitioner submits that the

                   occurrence has taken place due to land dispute and a title suit is

                   also pending between the parties.

                                 6. Learned counsel for the informant has vehemently

                   opposed the prayer for bail and has submitted that the
           Patna High Court CR. MISC. No.26963 of 2026(2) dt.22-04-2026
                                                       2/2




                     informant's family is a family of lawyers and they are being

                     driven out of their house because of the illegal activities of the

                     petitioner and his family members.

                                  7. Considering the allegation and the period of

                     custody, this application is allowed.

                                  8. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

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

                     C.J.M., Motihari, East Champaran/ concerned Court in

                     connection with Rajepur P.S. Case No. 11 of 2025.

                                  9. As a condition of the order, at the time of furnishing

                     bail bonds, the petitioner will submit an affidavit that if he is

                     found further involved in such kind of incident, his bail bails

                     shall be automatically cancelled.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar
U      T

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