Patna High Court
Baleshwar Rai @ Baleshavar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bharatiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 329(3), 329(4), 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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,
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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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