Patna High Court
Devbalam Rai @ Devbalak RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioners with conditions, exercising its inherent powers under Section 482(2).
Summary
The petitioners, three residents of Sinduwar village, were implicated in an FIR for assaulting an informant, allegedly causing a head injury, under several sections of the Bhartiya Nyaya Sanhita. They filed an application for anticipatory bail, arguing that the injury was not grievous, the assault was not premeditated, there was no repetition of blows, and the FIR was lodged after a delay of about 50 days. The State opposed the bail, contending the seriousness of the offences. The Court examined the facts, the nature of the alleged injury, and the procedural delay, and decided to grant anticipatory bail subject to a bond of Rs.10,000 with two sureties each, to be surrendered within six weeks, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order also imposed standard conditions for bail. The decision reflects the Court's discretion to balance the rights of the accused with the interests of justice.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita given the alleged offences?
- Does the nature of the injury and the delay in filing the FIR affect the grant of anticipatory bail?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- injury
- delay in FIR
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34461 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- EKMA District- Saran
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1. Devbalam Rai @ Devbalak Rai Son of Bhikhari Rai Residents of Village-
Sinduwar Police Station- Ekma District- Saran at Chapra
2. Lal Babu Rai Son of Rajbalam Rai Residents of Village- Sinduwar Police
Station- Ekma District- Saran at Chapra
3. Baliram Rai son of Late Bishunath Rai Residents of Village- Sinduwar
Police Station- Ekma District- Saran at Chapra
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Raj
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Ekma P.S. Case No. 258 of 2025, registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 303(2), 352,
109, 3(5) of the Bhartiya Nyaya Sanhita.
3. As per allegation, due to dispute between
children, petitioners and other co-accused persons started
assaulting the informant and allegedly co-accused Shyam Babu
Rai and Ram Babu Rai caught hold of the informant, while
petitioner No.2, Lal Babu Rai, is alleged to have inflicted Farsa
blow on the head of the informant, due to which he sustained
cut injury.
Patna High Court CR. MISC. No.34461 of 2026(2) dt.19-05-2026
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4. Learned counsel for the petitioners has
submitted, referring to the impugned order, that although finding
as regards the injury has been given in the impugned order, but
the nature of injury has not been mentioned and had the nature
of injury been grievous, the same would have been mentioned in
the impugned order. It has further been submitted that the
occurrence took place suddenly without any premeditation to
kill and there is no allegation of repetition of blow against
petitioner No.2, while there is no allegation of assault against
petitioners No. 1 and 3. It has further been submitted that there
is delay of about 50 days in lodging the FIR, when fard beyan
came to be recorded in the hospital on the next day of the
alleged occurrence..
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioners above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Saran at Chapra, in
Patna High Court CR. MISC. No.34461 of 2026(2) dt.19-05-2026
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connection with Ekma P.S. Case No. 258 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bhartiya
Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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