Patna High Court
Pawan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of proven grievous injury and repeated assault, the court granted anticipatory bail to the petitioners.
Summary
Petitioners Pawan Rai and Jatahu Rai were charged under several sections of the Bhartiya Nyay Sanhita, 2023 for allegedly assaulting the father of an informant with a farsa and a sword, purportedly intending to cause death. They sought anticipatory bail, which the trial court had denied. The petitioners argued that no grievous injury was proven, the assault was not repeated, and they had clean antecedents. The State contended that the use of deadly weapons indicated an intention to cause death, justifying denial of bail. The High Court, noting the lack of evidence of grievous injury and the non‑repetitive nature of the assault, granted anticipatory bail subject to a bond and sureties under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the alleged assault constitutes an offence under Section 109 of the Bhartiya Nyay Sanhita warranting denial of anticipatory bail.
- Whether the absence of grievous injury and lack of repeated assault justify granting anticipatory bail.
- Whether the petitioners are entitled to bail under Section 438 of the Criminal Procedure Code and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault with deadly weapon
- grievous injury
- Section 109
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36607 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- JURAWANPUR District- Vaishali
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1. Pawan Rai Son of Halad Rai @ Ahlad Rai Resident of Village- Shivnagar
Vishram Tola ward no. 06, P.S.- Jurawanpur, District- Vaishali
2. Jatahu Rai @ Jatta Rai Son of Halad Rai @ Ahlad Rai Resident of Village-
Shivnagar Vishram Tola ward no. 06, P.S.- Jurawanpur, District- Vaishali
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs.Bela Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
For the Informant : Mr.Kaustubh Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Jurawanpur P.S.
Case No. 32 of 2026 registered for the offences punishable
under Sections 126(2), 115(2), 117(2), 118(1), 109 & 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, petitioner alleged to assault the father of
the informant by using Farsa and sword alongwith other co-
accused persons with intention to cause death, where the
occurrence alleged to be arising out of previous enmity and
neighbourhood dispute and differences.
4. Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.36607 of 2026(2) dt.16-06-2026
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submitted that specific allegation as to cause grievous injury i.e.
fracture of right leg of the father of the informant is available
against co-accused Halad Rai. It is pointed out that allegation
against both petitioners is to cause single assault, where
petitioner no. 1 alleged to assault on the head of the father of the
informant by using Farsa, where petitioner no. 2 alleged to
assault on the leg by means of sword.
5. It is further pointed out that no such visible injury was
found upon medical examination, and simply as these
petitioners were specifically alleged to assault the father of the
informant with deadly weapons, their prayer of anticipatory bail
was rejected by the learned trial court. Petitioners claim clean
antecedent.
6. It is submitted by learned counsel that only nature of
injury is not the consideration to constitute an offence under
section 109 of the B.N.S. rather several factors are required to
be taken into consideration as nature of weapon, manner of
assault, body parts where assault was made, pre and post
conduct of the accused etc. and in support of his submission,
learned counsel relied upon the legal report of Hon’ble Supreme
Court as available through State of Himachal Pradesh Vs.
Shamsher Singh reported in 2025 SCC OnLine SC 807.
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7. Learned A.P.P. for the State duly assisted by learned
counsel appearing for the informant, while opposing the prayer
for anticipatory bail of the petitioner, submitted that assaulted as
alleged to be caused by the petitioners found upon the vital parts
of the body by using deadly weapons like Farsa and sword,
which suggest their intention to cause death of the father of the
informant, but learned counsel could not disputed the injury
report as submitted aforesaid by learned counsel appearing for
the petitioners taking reference of paragraph 54 of the case
diary, where the nature of injury was opined as simple except
the fracture of leg.
8. In view of the aforesaid factual submissions and by
taking note of the fact as allegation qua grievous injury is not
available against the petitioners, where the alleged assault also
not appears to made in repeated manner and, accordingly, both
above-named petitioners, in the event of their arrest/surrender
within a period of four weeks from this order, are directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate -
14th, Vaishali at Hajipur/concerned court in connection with
Jurawanpur P.S. Case No. 32 of 2026, subject to the conditions
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as laid down under Section 438(2) of the Cr.P.C/Section 482(2)
of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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