Patna High Court
Jaleshwar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
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
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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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