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Patna High Court

Krit RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to stringent conditions.

Summary

The petitioners, five residents of Baidhyanathpur, were arrested in connection with a land‑dispute‑related incident where they were alleged to have assaulted a ploughing farmer, snatched Rs.2500 and forced a signature on a blank paper, violating several sections of the Bhartiya Nyaya Sanhita, 2023. They filed a bail petition, claiming the FIR was false and fabricated. The State opposed bail, highlighting the seriousness of the offences and the petitioners' multiple pending criminal cases. The court examined the allegations, the petitioners' claim of innocence, and the impact of their other cases. It concluded that bail could be granted provided the petitioners complied with strict conditions, including a bond, sureties, cooperation with the trial, and non‑tampering with evidence or witnesses. Accordingly, the court ordered their release on bail with specified conditions.

Issues considered

  • Whether the petitioners are entitled to bail despite charges under sections 126(2), 115(2), 303(2), 351(2), 352, 110, 190 and 191 of the Bhartiya Nyaya Sanhita, 2023.
  • Whether the existence of multiple pending criminal cases against the petitioners precludes the grant of bail.
  • Whether the court may impose conditions such as bond, sureties, cooperation with trial and prohibition on tampering with evidence or witnesses.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • robbery
  • Bhartiya Nyaya Sanhita
  • high court
  • East Champaran
  • land dispute
  • pending cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27270 of 2026
                    Arising Out of PS. Case No.-3 Year-2026 Thana- CHIRAIYA District- East Champaran
                 ======================================================
           1.     Krit Rai Son of Late Suba Rai Resident of village - Baidhyanathpur, P.S.-
                  Kotwa, District - East Champaran
           2.    Gautam Rai Son of Late Punit Rai Resident of village - Baidhyanathpur,
                 P.S.- Kotwa, District - East Champaran
           3.    Ruplal Rai Son of Krit Rai Resident of village - Baidhyanathpur, P.S.-
                 Kotwa, District - East Champaran
           4.    Chandrika Rai Son of Jhaman Rai Resident of village - Baidhyanathpur,
                 P.S.- Kotwa, District - East Champaran
           5.    Ijindra Rai Son of Late Devi Rai Resident of village - Baidhyanathpur, P.S.-
                 Kotwa, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                    Heard Mr. Manoj Kumar, learned counsel for the

                   petitioners and Mr. Shantanu Kumar, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioners seek bail, who are in custody since

                   19-02-2026 in connection with Chiraiya P.S. Case No. 03 of

                   2026, for the offences punishable under Sections 126(2), 115(2),

                   303(2), 351(2), 352, 110, 190, 191 of Bhartiya Nyaya Sanhita,

                   2023.

                                 3. According to prosecution case, while the
Patna High Court CR. MISC. No.27270 of 2026(2) dt.21-04-2026
                                            2/4




          informant was ploughing his field, the accused persons

          including the petitioners having armed with deadly weapons

          came there and assaulted him. It is also alleged that during

          course of occurrence, Rs. 2500/- was snatched away from the

          pocket of the informant and on the point of knife, blank paper

          was got signed by the accused persons. While the family

          member(s) of the informant came to rescue, they were also

          assaulted.

                        4. Learned counsel for the petitioners submits that

          the allegation as levelled in the FIR is false and fabricated as the

          petitioners have no hand in the occurrence whatsoever. It

          appears from the FIR that due to land dispute, the present case

          has been lodged. There is case and counter case between the

          parties. Although the petitioners are named in the FIR and the

          FIR speaks allegation against them that they assaulted the

          informant and his family members. Learned counsel for the

          petitioners submits that at the spur of the moment, the present

          occurrence has taken place. There is no intention of the

          petitioners to do any wrong and the petitioners are in custody

          since 19-02-2026.

                        5. Learned APP for the State has vehemently

          opposed the prayer for bail of the petitioners and submits that
Patna High Court CR. MISC. No.27270 of 2026(2) dt.21-04-2026
                                            3/4




          the petitioner No. carries one more case, whereas the petitioner

          Nos. 2, 3 & 5 carry three more cases and the petitioner No. 4

          carries two more cases other than the present one but fairly

          submits that they are on bail in the pending matters.

                        6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

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

          Judicial     Magistrate-Ist       Class/concerned    court,   Sikharana,

          Dhaka, East Champaran in connection with Chiraiya P.S. Case

          No. 03 of 2026, with the following conditions:

                        i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                        ii. If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their
            Patna High Court CR. MISC. No.27270 of 2026(2) dt.21-04-2026
                                                        4/4




                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
A.K.V.//-

U      T


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