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Patna High Court

Jaleshwar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioners.

Summary

The petitioners, Jaleshwar Rai and his son Sonu Kumar, applied for bail in a case (PS Marhaura No. 596 of 2025) alleging offences under Sections 126(2), 115(2), 352, 351(2), 109, 3(5) and 118(1) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with others, assaulted the informant and his family using a stick and baton, causing injuries including a head injury to the informant’s nephew. The petitioners contended they were falsely implicated, that the charge sheet lacked incriminating material, and that the allegations were vague and the case involved a counter‑case between the parties. The State and the informant opposed bail, emphasizing the seriousness of the offences. Considering the lack of material evidence, the existence of a case‑and‑counter‑case, and the period of custody already served, the Court inclined to grant bail, ordering each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioners accused of offences under the Bharatiya Nyaya Sanhita, 2023, given the nature of the allegations and the period of custody.

Legislation cited

Subjects

  • bail
  • assault
  • Bharatiya Nyaya Sanhita
  • case and counter case
  • custody
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4601 of 2026
                     Arising Out of PS. Case No.-596 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
           1.     Jaleshwar Rai S/O Punit Rai R/O Vill.- Chanana, P.S.- Marhowrah, Dist.-
                  Saran.
           2.    Sonu Kumar S/O Jaleshwar Rai R/O Vill.- Chanana, P.S.- Marhowrah, Dist.-
                 Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mrs. Rina Sinha, APP
                 For the Informant        :      Mr. Jeetendra Narayan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                        Heard learned counsel for the petitioners, learned

                   APP for the State and learned counsel for the informant.

                                2. The petitioners seek bail in connection with

                   Marhaura (Marhowrah) P.S. Case No. 596 of 2025, instituted for

                   the offences punishable under Sections 126(2), 115(2), 352,

                   351(2), 109, 3(5) and 118(1) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The prosecution case, in short, is that the petitioners

                   along with other co-accused persons assaulted the informant and

                   his family members by means of Daab and Lathi. It is further

                   alleged that petitioner no. 2 has assaulted informant’s nephew

                   by means of Daab due to which he sustained head injury.
Patna High Court CR. MISC. No.4601 of 2026(2) dt.03-02-2026
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                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioners. Learned counsel for the petitioners

          also submitted that the allegation levelled against petitioner no.

          1 is general and omnibus in nature. It is next submitted that

          specific allegation of assault to informant’s nephew is levelled

          against petitioner no. 2 but out of three injuries, one injury is

          grievous and the other injuries are simple in nature. It is further

          submitted that there is case and counter case between the

          parties. The petitioners are in custody since 22.08.2025 and

          have got one criminal antecedent in which they are on bail.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, case and counter case and taking into account the

          period of custody undergone by the petitioners, this Court is

          inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
             Patna High Court CR. MISC. No.4601 of 2026(2) dt.03-02-2026
                                                         3/3




                       two sureties of the like amount each to the satisfaction of Court

                       below/concerned          Court      in     connection   with   Marhaura

                       (Marhowrah) P.S. Case No. 596 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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