Patna High Court
Kamal Rai @ Chhathu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Kamal Rai, was arrested in connection with a case (PS‑1256/2025) alleging offences under several sections of the Bihar Non‑Comp (BNS) Act, including assault and molestation of an informant’s family. The prosecution alleged that the petitioner and co‑accused entered the informant’s house armed, assaulted family members and caused injuries. The petitioner contended that he was falsely implicated due to a land dispute with the informant and that the case was a retaliatory “counter‑blast” of an earlier FIR, noting that co‑accused had already been granted anticipatory bail. The State opposed the bail application, but the court observed that the allegations against the petitioner were non‑specific and that the inter‑party dispute warranted a liberal approach. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and conditions under Section 480(3) of the BNSS. The bail order was conditioned on sureties, presence in court as required, and cancellation upon repeated non‑appearance.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the allegations and the non‑specificity of the case against him
- Whether the petitioner’s claim of false implication and the underlying land dispute affect the bail decision
- Whether Section 480(3) of the BNSS can be invoked to impose conditions on the bail
Subjects
- bail
- false implication
- land dispute
- criminal offences
- Section 480
- anticipatory bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3390 of 2026
Arising Out of PS. Case No.-1256 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Kamal Rai @ Chhathu Rai S/o- Late Gulel Rai Village- Pokhara Mohhalla
PS- Hajipur Nagar District-Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Adv.
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Hajipur Town P.S. Case No. 1256 of 2025,
registered for the offences under Sections 126(2), 115(2),
118(1), 109, 76, 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, petitioner and other co-
accused persons armed with sharp weapons, lathi and danda
entered into the house of the informant and hurled filthy abuses.
The co-accused persons put down the informant and molested
her. When the family members of the informant intervened, the
co-accused persons and this petitioner assaulted the brother of
the informant on his head with lathi. The other family members
of the informant were also assaulted who became unconscious.
Patna High Court CR. MISC. No.3390 of 2026(2) dt.28-01-2026
2/4
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in this case and no occurrence in this manner as alleged has ever
taken place. The entire family members have been made
accused in this case in order to grab the share of the petitioner.
The petitioner and informant side are agnates and there is land
dispute between them. Earlier the petitioner has given an
informatory petition before the learned CJM, Vaishali
mentioning the facts and apprehension of a false case being
lodged against him. As a matter of fact, the present case is
counter blast of Hajipur Town PS Case No. 1227 of 2025 which
was lodged for an occurrence of 06.10.2025. The informant side
has lodged the present case after delay of six days without any
explanation to counter blast the case of the petitioner. Four civil
suits are also pending between two sides. Learned counsel
further submits that there is no specific allegation against the
petitioner and other co-accused persons have been granted
anticipatory bail by a Co-ordinate Bench vide order dated
12.01.2026 passed in Cr. Misc No. 87628 of 2025 and order
dated 20.01.2026 passed in Cr. Misc. No. 91758 of 2025. The
petitioner is having antecedent of four cases and he is on bail in
all these cases. The petitioner is in custody since 12.12.2025.
Patna High Court CR. MISC. No.3390 of 2026(2) dt.28-01-2026
3/4
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
non-specific nature of allegation against the petitioner and
further considering the case and counter case between the
parties, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned CJM, Vaishali at Hajipur/concerned
court, in connection with Hajipur Town P.S. Case No. 1256 of
2025, subject to the condition laid down under Section 480(3) of
the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
Patna High Court CR. MISC. No.3390 of 2026(2) dt.28-01-2026
4/4
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.