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Patna High Court

Suresh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to regular bail subject to a bond and conditions, with the trial court empowered to cancel the bail for any attempt to delay the trial.

Summary

The petitioners, four residents of Rahsha West, were charged under multiple sections of the Bihar Non‑Compulsory Statutes (BNS) for allegedly assaulting a worshipper, Pradip Das, in a temple, leading to his death. They had earlier applied for anticipatory bail, which was denied, and a Special Leave Petition before the Supreme Court was also rejected. After surrendering, they sought regular bail, arguing that some of them had clean antecedents, the charge‑sheet had been filed, and they would cooperate with the trial. The State opposed the bail, citing the seriousness of the offences. The Court, noting a prior similar bail order and the petitioners’ willingness to comply, granted regular bail on a bond of Rs. 25,000 with two sureties each, subject to cancellation if they attempt to delay the trial. The order emphasizes that the trial court may revoke bail if the petitioners misuse the liberty granted.

Issues considered

  • The petitioners' entitlement to regular bail despite serious charges including assault leading to death.
  • Whether the petitioners pose a risk of absconding or tampering with the trial process.

Legislation cited

Subjects

  • regular bail
  • anticipatory bail
  • assault
  • murder
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38999 of 2026
                    Arising Out of PS. Case No.-74 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Suresh Rai S/O Late Khamir Rai Resident of Village- Rahsha West, PS-
                  Bhagwanpur, District- Vaishali,
           2.    Ranjan Kumar S/O Suresh Rai Resident of Village- Rahsha West, PS-
                 Bhagwanpur, District- Vaishali,
           3.    Chandan Kumar S/O Suresh Rai Resident of Village- Rahsha West, PS-
                 Bhagwanpur, District- Vaishali,
           4.     Aman Kumar S/O Mantu Rai Resident of Village- Rahsha West, PS-
                  Bhagwanpur, District- Vaishali,
                                                                     ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences punishable under Sections 126(2), 115, 109, 117,

                   351(2), 352 and 3(5) of the BNS and subsequently Section

                   103(1) of the BNS has been added.

                                3. Learned counsel for the petitioners submits that

                   petitioners no. 1 and 3 have antecedent of two cases and

                   petitioners no. 2 and 4 are persons with clean antecedent. It is

                   further submitted that petitioners had earlier moved this Court

                   seeking anticipatory bail by filing Cr. Misc. No. 49388 of 2025
Patna High Court CR. MISC. No.38999 of 2026(2) dt.03-07-2026
                                            2/4




          and the same came to be rejected by an order dated 11.08.2025

          and thereafter the petitioners moved before the Hon’ble

          Supreme Court by filing Special Leave Petition (Criminal)

          Diary No. 4285 of 2026 but the same also came to be rejected

          by an order dated 25.02.2026. It is next submitted that thereafter

          petitioners surrendered before the learned trial court and were

          taken in custody on 11.03.2026. It is also submitted that

          Baidyanath Rai @ Machar Rai and Krishna Rai @ Kishan

          Kumar @ Krisha Rai had approached this Court seeking regular

          bail by filing Cr. Misc. No. 49948 of 2025 and the same came to

          be allowed by an order dated 23.12.2025. It is further submitted

          that informant alleges that Pradip Das was performing Puja in

          the temple while the accused persons including the petitioners

          were drinking in the premises of the temple and when Pradip

          Das objected, the accused persons assaulted him and when the

          informant came to save him, Sudhir Kumar along with other

          accused persons assaulted the informant indiscriminately by rod

          on his head causing injury and fracture of hand. Further, when

          Mukesh and Shivshankar came to save them, they were also

          assaulted and threatened.

                       4. Learned counsel appearing on behalf of the

          petitioners submits that Pradip Das, during the course of
Patna High Court CR. MISC. No.38999 of 2026(2) dt.03-07-2026
                                            3/4




          treatment, died. It is further submitted that no doubt Pradip Das

          died but then allegation of assault is not specific and he suffered

          only one injury on head. It is next submitted that case of the

          petitioners, if not akin, is similar to the case of Baidyanath Rai

          @ Machar Rai and Krishna Rai @ Kishan Kumar @ Krisha Rai.

          It is also submitted that charge-sheet has been submitted and if

          the privilege of regular bail is granted to the petitioners, the

          petitioners will not abscond rather will cooperate in the trial to

          prove their innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          regular bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners and also taking

          into consideration the order dated 23.12.2025 passed in Cr.

          Misc. No. 49948 of 2025, the petitioners, above-named, are

          directed to be released on bail on furnishing bail bonds of

          Rs.25,000/- (Rupees Twenty-five Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Trial Court where the case is pending in connection with

          Bhagwanpur P.S. Case No. 74 of 2025.

                       7. However, it is made clear that if the learned Trial

          Court comes to a conclusion that petitioners, after their release
           Patna High Court CR. MISC. No.38999 of 2026(2) dt.03-07-2026
                                                       4/4




                     on regular bail, are trying to delay the framing of charge or after

                     framing of charge are trying to delay the trial of the case in any

                     manner, the learned Trial Court shall be at liberty to cancel the

                     bail bonds of the petitioners.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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