Patna High Court
Suresh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Non‑Compulsory Statutes (BNS) — s. 103(1), 109, 115, 117, 126(2), 3(5), 351(2), 352
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
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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
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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
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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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