Patna High Court

Kishori RaiversusThe State of Bihar

Decided: 17 February 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SANDEEP KUMAR

Holding

The court partially granted bail, allowing petitioners 2 and 4 to be released on bail subject to bond and conditions.

Summary

The petitioners sought bail fearing arrest in connection with PS Chakia Case No. 380 of 2024, which involves offences under various sections of the Bihar Negotiable Instruments Act and the Bihar Dian Act. Petitioners 1 and 3 were alleged to have assaulted the informant, while petitioner 2 was not implicated in any assault and petitioner 4 is a 21‑year‑old woman. The State opposed the bail application. The High Court, after hearing counsel, partially allowed the bail application, granting bail only to petitioners 2 and 4. The court ordered them to furnish a bail bond of Rs.10,000 with two sureties and to comply with the conditions of Section 438(2) of the CrPC and the inherent powers of the court under Section 482 of the relevant Act.

Issues considered

Whether bail should be granted to the petitioners under Section 438(2) of the CrPC in view of the alleged offences.
Whether the High Court can exercise its inherent powers under Section 482 to grant bail despite the seriousness of the charges.
Whether petitioners 2 and 4, who are not alleged to have committed assault, qualify for bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 109, 1159(2), 118(1), 126(2), 303(2), 3(5), 352, 482, 74
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
Criminal Procedure Code
Section 438
Section 482
Bihar law
assault
informant
pending criminal case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42254 of 2025
                   Arising Out of PS. Case No.-380 Year-2024 Thana- CHAKIA District- East Champaran
                 ======================================================
           1.     Kishori Rai S/o- Late Bhuchain Rai Village- Damu Tola .P.S-Chakia,Distrct-
                  East Champaran
           2.    Anil Kumar @ Anil Rai S/o- Kishori Rai Village- Damu Tola .P.S-
                 Chakia,Distrct-East Champaran
           3.    Umesh Rai S/o- Kishori Rai Village- Damu Tola .P.S-Chakia,Distrct-East
                 Champaran
           4.    Anjali Kumari D/o- Umesh Rai Village- Damu Tola .P.S-Chakia,Distrct-East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Shankar Shrivastava, Adv
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 For the Informant                Mr. Sanjay Kumar Tiwari, Adv
                                                  Mr. Mohan Kumar Tiwari, Adv
                                                  Mr. Ujjwal Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   17-02-2026                      Heard learned counsel for the petitioners                   and

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Chakia P.S.Case No. 380 of 2024 registered for the offence

                   under sections 126(2), 11592), 118(1), 74, 303(2), 109, 352,

                   3(5) of the BNS and section 3 and 4 of the Bihar Dian Act.

                                3. The petitioner no. 1 and 3 are said to have assaulted

                   the informant and others family members causing injuries.

                                4. Learned cousnel for the petitioners at the very
            Patna High Court CR. MISC. No.42254 of 2025(4) dt.17-02-2026
                                                        2/2




                      outset, prays for and is permitted to withdraw this application

                      filed on behalf of petitioner nos. 1 and 3.

                                   So far as the petitioner no. 2 is concerned, he is said

                      to have not assaulted to anyone. Petitioner no. 4 is a girl of 21

                      years.

                                   5. Learned counsel for the State has opposed the bail

                      application of the petitioners.

                                   6. Considering the aforesaid facts, this application is

                      partly allowed with regard to petitioner nos. 2 and 4.

                                   7. Let the petitioners, above named, in the event of

                      their arrest or surrender before the concerned Court below

                      within four weeks from today, be released on bail on furnishing

                      bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Chief Judicial

                      Motihari, East Champaran/ concerned court below in connection

                      with Chakia P.S.Case No. 380 of 2024, subject to the conditions

                      laid down in Section 438(2) of the Code of Criminal Procedure,

                      1973/ Section 482 of the BNSS.



                                                 (Sandeep Kumar, J)
N.K/-

U       T

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