Patna High Court

Shiv Kumar @ Shiv Kumar RayversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted anticipatory bail to all three petitioners subject to a bail bond and sureties.

Summary

The petitioners, three brothers, were implicated in an FIR (Raghopur PS Case No. 52 of 2025) for assaulting an informant and his nephew over a monetary dispute concerning funeral rites. The FIR charges them under sections 189(2), 126(2), 117, 118, 109, 352 and 351 of the Bharatiya Nyaya Sanhita, 2023, but the specific assault allegation is directed at co‑accused Jhimilal Rai and Kesilal Rai. The petitioners contended that they were falsely implicated, have no criminal antecedent, and are willing to cooperate with the investigation. The State opposed the bail application. Considering the lack of a direct allegation against the petitioners and their clean record, the Court granted anticipatory bail to all three, subject to a bail bond of Rs.10,000 and two sureties of equal amount, to be filed within four weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the FIR alleging their participation in assault under the Bharatiya Nyaya Sanhita, 2023.
Whether the absence of a specific allegation against the petitioners and their lack of prior criminal record justify the grant of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 117, 118, 126(2), 189(2), 351, 352

Subjects

anticipatory bail
assault
false implication
criminal antecedent
Bharatiya Nyaya Sanhita
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3716 of 2026
                      Arising Out of PS. Case No.-52 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Shiv Kumar @ Shiv Kumar Ray S/o Jhimilal Ray
           2.    Rupesh Kumar @ Golu Kumar S/o Jhimilal Ray
           3.    Vikash @ Vikash Kumar S/o Jhimilal Ray
                 All are resident of Village- Hemmatpur @ Himmatpur, Police Station-
                 Rustampur, and District- Vaishali at Haiipur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sachin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-01-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioners in this application pray for bail

                   apprehending their arrest in connection with Raghopur P.S. Case

                   no.52 of 2025 registered for the offence punishable under

                   sections 189(2), 126(2), 117, 118, 109, 352 and 351 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                    3. As per the prosecution case, the informant states

                   that over a trivial matter relating to the informant asking for

                   some money for conducting the last rites of their mother, the

                   accused persons including the three petitioners herein assaulted

                   him and his nephew. It is further stated that Jhimilal Rai and

                   Kesilal Rai assaulted him with a stick causing injuries on his
Patna High Court CR. MISC. No.3716 of 2026(2) dt.28-01-2026
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          head as a result of which bleeding started. On a hulla being

          raised, he was saved by the neighbours.

                          4. Learned counsel for the petitioners submits that

          the petitioners have been falsely implicated in the case. From

          the contents of the FIR itself, it would transpire that so far as the

          petitioners are concerned, they happen to be the nephews of the

          informant against whom the allegations are general and omnibus

          in nature. The specific allegation is against co-accused Jhimilal

          Rai and Kesilal Rai. The petitioners have no criminal antecedent

          and undertake to cooperate in the investigation.

                        5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation against the petitioners in

          the FIR, the specific allegation of assault being against the co-

          accused and not the petitioners herein together with the

          petitioners not having any criminal antecedent, it is directed that

          all the three petitioners, above named, in the event of their arrest

          or surrender before the learned Court below within a period of

          four weeks, be released on anticipatory bail in connection with

          Raghopur P.S. Case no.52 of 2025 on each of them furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
            Patna High Court CR. MISC. No.3716 of 2026(2) dt.28-01-2026
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                      sureties of the like amount each to the satisfaction of the learned

                      Chief Judicial Magistrate, Vaishali at Hajipur.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T

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