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Patna High Court

Baleshwar Rai @ Baleshavar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the Cr.P.C.

Summary

The petitioner, Baleshwar Rai, was implicated in a land‑dispute case where the informant alleged assault, damage to a tractor, and theft of cash and chain, leading to FIR No. 164 of 2025 under multiple provisions of the Bharatiya Nayay Sanhita, 2023. The petitioner contended that the allegations were omnibus, he had no prior criminal record, and the FIR was filed after a separate incident involving another informant. The State, represented by the APP, opposed the bail, maintaining that the assault allegations directly implicated the petitioner. The Court considered the lack of antecedents and the nature of the omnibus accusations and decided to extend anticipatory bail. Accordingly, the petitioner was ordered to be released on bail if arrested or surrendered within four weeks, subject to a bail bond of Rs. 10,000 and two sureties, and to comply with conditions under Section 438(2) of the Cr.P.C. The order also imposed strict compliance requirements such as regular police appearances and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite omnibus allegations under the Bharatiya Nayay Sanhita, 2023
  • Whether the petitioner’s lack of prior criminal record warrants the exercise of discretion under Section 438(2) of the Criminal Procedure Code

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • omnibus allegation
  • criminal antecedent
  • Section 438
  • Bharatiya Nayay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29567 of 2026
                     Arising Out of PS. Case No.-164 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Baleshwar Rai @ Baleshavar Ray Son of Late Natho Ray Resident of Village-
                 Vishanpur Beri Motior, P.S.- Mohiuddinnagar, District- Samastipur,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhavesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                  Heard Mr. Bhavesh Kumar, learned counsel for the

                   petitioner, the State as also the informant.

                                2. The petitioner is apprehending arrest in connection

                   with Mohiuddinnagar P.S. Case No. 164 of 2025 instituted

                   under section 126(2), 115(2), 118(1), 109(1), 329(3), 329(4),

                   352, 351(2), 351(3), 3(5) of the Bharatiya Nayay Sanhita, 2023

                   lodged on 04.08.2025 by the informant, Vipin Kumar Ray.

                                3. As per the prosecution story, the informant alleged

                   that due to land dispute, the accused persons threatened of dire

                   consequences if the payment is not made and later, after abuse,

                   not only the tractor was damaged, they were also assaulted.

                   Further, allegation is that chain and cash were taken away. This

                   led to the FIR.

                                4. Learned counsel for the petitioner submits that for
Patna High Court CR. MISC. No.29567 of 2026(2) dt.07-05-2026
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          an incident that took place on 22.07.2025, the FIR was lodged

          on 01.08.2025. Omnibus allegation is there against this

          petitioner who has no criminal antecedent. Further, it is counter

          blast to the earlier case, FIR was lodged on 23.07.2025 by

          Sudhir Rai alleging that this informant (Bipin Rai) alongwith

          the other accused persons after abuse, resorted to fire and the

          specific allegation against Bipin Rai is of causing death of his

          brother, Sunil Rai. Accordingly, on 23.07.2025, the FIR was

          lodged.

                       5. Learned APP as also the learned counsel for the

          informant opposes the prayer submitting that the allegation of

          assault is on this petitioner.

                       6. Considering the submissions of the parties as also

          the fact that has been incorporated above, omnibus allegation is

          there, the petitioner has no criminal antecedent, in that

          background, this Court is inclined to extend him the privilege

          of anticipatory bail.

                       7. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

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

          the like amount each in connection with Mohiuddinnagar P.S.
Patna High Court CR. MISC. No.29567 of 2026(2) dt.07-05-2026
                                            3/4




          Case No. 164 of 2025 to the satisfaction of learned Sub-

          Divisional Judicial Magistrate, Shahpur Patory, Samastipur

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the police

          station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for next six months to mark his

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty

          to take steps for cancellation of bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
             Patna High Court CR. MISC. No.29567 of 2026(2) dt.07-05-2026
                                                         4/4




                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (vi) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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