Patna High Court
Krit RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 190, 191, 303(2), 351(2), 352
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
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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
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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
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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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