Patna High Court
Rajendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding no specific allegations against him and noting his clean antecedent.
Summary
The petitioner, Rajendra Rai, was named in an FIR (Akilpur PS Case No. 62 of 2025) for alleged involvement in a violent assault on the informant's wife, alongside other accused. The petitioner sought anticipatory bail, arguing that the FIR merely mentioned his name without specific allegations of overt acts against him and that he has a clean antecedent. The State opposed the bail but could not refute the claim that no specific overt act was attributed to the petitioner. The Court, considering the lack of specific allegations and the petitioner's clean record, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The order required a bail bond, sureties, and compliance with conditions such as appearing before the trial court and not tampering with evidence.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is merely named in the FIR without specific allegations of overt acts.
- Whether the petitioner's clean antecedent warrants the grant of anticipatory bail.
- Applicability of Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita in granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 125(a), 125(b), 126(2), 329(3), 3(5), 351(2), 351(3), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- clean antecedent
- assault
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3503 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- AKILPUR District- Saran
======================================================
Rajendra Rai S/o- Late Jainath Rai RO Village- Pakauliya PS-Akilpur
District- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Akilpur P.S. Case No. 62 of 2025, F.I.R dated
09.06.2025 registered for the offences punishable under
Sections 126(2), 115(2), 109, 125(a), 125(b), 329(3), 352,
351(2), 351(3) read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023.
3. According to prosecution case, informant
Tarkeshwar Rai, alleged that after the marriage of his daughter
Priyanka to Mahesh Rai, his co-villager Vikash Kumar began
harassing her over phone. When the informant’s wife, July Devi,
questioned with Vikash then the accused persons, including
Rajendra Rai (petitioner), Vikash Kumar and others attacked the
informant’s wife on 28.05.2025 about 10:00 PM. Vikash Kumar
gagged her mouth, while two women assaulted her with bricks
Patna High Court CR. MISC. No.3503 of 2026(2) dt.28-01-2026
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on the stomach with intent to kill, causing severe bleeding.
Vikash Kumar also allegedly snatched her ornaments.
Thereafter, injured was shifted through multiple hospitals for
treatment.
4. Learned counsel for the petitioner submits that
merely the reference of name of this petitioner has been made in
the First Information Report while there is nothing specific
against this petitioner, whereas the allegations of overt act for
causing injuries to the informant’s wife is against Vikash Kumar,
Sumitra Devi and Sunita Devi and the petitioner is an old age
person having clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application but is not in a position to controvert
the submission of the counsel for the petitioner insofar as their
being no specific allegations of overt act or having caused injury
to the informant’s wife in any manner.
6. Considering the aforesaid facts and circumstances
and the petitioner has clean antecedent. Accordingly, this Court
is inclined to grant the privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.3503 of 2026(2) dt.28-01-2026
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satisfaction of the learned J.M. 1st Class, Saran at Chapra in
connection with Akilpur P.S. Case No. 62 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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