Patna High Court
Raja Ram RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act, 2023 — s. 110, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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
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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
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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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