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Patna High Court

Raja Ram RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to the petitioners (excluding petitioner No.3) subject to bail bonds and conditions under Section 482(2) of the Bihar Negotiable Securities Act, 2023.

Summary

The petitioners, a family from Siwan, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the Bihar Negotiable Securities Act, 2023, alleging assault, robbery, and grievous injury to the informant’s family. They contended they have clean antecedents, that the allegations are vague, and that they were falsely implicated by an agnate of the informant. The State opposed the bail. The court allowed anticipatory bail for all petitioners except Bali Kumar, who withdrew his application, imposing a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2). The order also permitted withdrawal of the application for petitioner No.3. The court emphasized balancing the right to liberty with the seriousness of the offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Securities Act, 2023
  • Whether the allegations against the petitioners constitute a false implication warranting bail
  • Whether the withdrawal of the anticipatory bail application for petitioner No.3 is permissible

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bihar Negotiable Securities Act, 2023
  • false implication
  • assault
  • robbery
  • women victims
  • minor injury
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41607 of 2026
                   Arising Out of PS. Case No.-98 Year-2026 Thana- MAJRULHAQUE NAGAR District-
                                                          Siwan
                 ======================================================
           1.     Raja Ram Rai S/O Chandrika Rai R/O Village- Nadiaon, P.S.- M.H. Nagar,
                  Distt.- Siwan.
           2.    Subhawati Devi W/O Raja Ram Rai R/O Village- Nadiaon, P.S.- M.H.
                 Nagar, Distt.- Siwan.
           3.    Bali Kumar Rai S/O Raja Ram Rai R/O Village- Nadiaon, P.S.- M.H. Nagar,
                 Distt.- Siwan.
           4.    Anshu Kumari @ Anshu Rai D/O Raja Ram Rai R/O Village- Nadiaon, P.S.-
                 M.H. Nagar, Distt.- Siwan.
           5.    Aashu Kumari @ Anshu Kumari D/O Raja Ram Rai R/O Village- Nadiaon,
                 P.S.- M.H. Nagar, Distt.- Siwan.
           6.    Khushboo Kumari D/O Raja Ram Rai R/O Village- Nadiaon, P.S.- M.H.
                 Nagar, Distt.- Siwan.
           7.    Bajrangi Kumar Ray S/O Raja Ram Rai R/O Village- Nadiaon, P.S.- M.H.
                 Nagar, Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Pandey
                 For the Opposite Party/s :     Mr. Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026                  1.     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioners, after some

                   arguments, seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no. 3 Bali Kumar.

                                3. Permission is accorded.

                                4. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.41607 of 2026(2) dt.08-07-2026
                                            2/3




          registered for the offences punishable under Sections 126(2),

          115(2), 118(1), 110, 352, 303(2), 351(2) and 3(5) of the BNS,

          2023.

                       5. Learned counsel for the petitioners submits that

          petitioners are persons with clean antecedent petitioners no. 2, 4,

          5 and 6 are women and the informant alleges that on 06.03.2026

          at 2:00 PM, her son was going to his matrimonial home along

          with his wife and minor daughter, when petitioners came and

          assaulted her daughter-in-law and also assaulted her daughter

          who came to save her daughter-in-law, on account of assault,

          informant suffered injury on waist while her daughter suffered

          fracture of hand, further Khushboo and Bajrangi snatched

          ornaments of her daughter-in-law and Bali Kumar dashed her

          minor grand-daughter on ground, causing fracture of her right

          hand and accused also assaulted her son by lathi and danda

          causing injury.

                       6. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant being agnates of the informant. It is next

          submitted that from perusal of the allegations as alleged in the

          FIR, it would manifest that Bali Kumar is alleged to have

          assaulted the minor granddaughter of the informant causing
               Patna High Court CR. MISC. No.41607 of 2026(2) dt.08-07-2026
                                                           3/3




                         fracture of her right hand which has been opined to be grievous

                         and as far as petitioners are concerned, the allegation of assault

                         against them is general and omnibus in nature.

                                      7. Learned       A.P.P.    for     the   State   opposes   the

                         anticipatory bail application of the petitioners.

                                      8. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners above-named, in the

                         event of their arrest or surrender within a period of six weeks

                         from today, be released on anticipatory bail on furnishing bail

                         bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

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

                         trial court where the case is pending/successor court in

                         connection with M.H. Nagar P.S. Case No. 98 of 2026 subject to

                         the conditions as laid down under Section 482 (2) of the BNSS.

                                      9. The application stands allowed.



                                                   (Satyavrat Verma, J)
rajesh/-

U          T


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