Patna High Court
Umashankar Rai @ Umashankar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to petitioner No.1 and denied to petitioners No.2 and No.3.
Summary
The petitioners, three brothers, sought pre‑arrest bail after an FIR alleged that they, armed with lathis and rods, assaulted the informant's brother on 3 June 2025. Petitioners 2 and 3 were directly accused of assault and have prior criminal records, while petitioner 1 was alleged only to have given orders. The State opposed bail, emphasizing the seriousness of the offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the antecedents of petitioners 2 and 3. The Court found that the allegations against petitioners 2 and 3 were specific and serious, rejecting their bail applications. Conversely, for petitioner 1, who was only alleged to be an order‑giver and not a direct participant, the Court granted bail on condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the BNSS. The order thus grants bail to petitioner 1 and denies bail to petitioners 2 and 3.
Issues considered
- Whether pre‑arrest bail should be granted to petitioner No.1 who is alleged only to be an order‑giver.
- Whether pre‑arrest bail should be granted to petitioners No.2 and No.3 who are directly accused of assault and have criminal antecedents.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 482(2)
Subjects
- bail
- pre‑arrest bail
- criminal procedure
- assault
- order giver
- criminal antecedents
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
1 . Umashankar Rai @ Umashankar Prasad S/O Ramchandra Rai @
Ramchandra Ray R/O Village- Pakridayal near Girja Vivah Bhavan, P.S-
Pakridayal, Distt.- East Champaran.
2. Rameshwar Rai @ Rameshwar Prasad S/O Late Vasudev Rai R/O Village-
Pakridayal near Girja Vivah Bhavan, P.S- Pakridayal, Distt.- East
Champaran.
3. Rajeshwar Rai @ Rajeshvar Ray S/O Late Vasudev Rai R/O Village-
Pakridayal near Girja Vivah Bhavan, P.S- Pakridayal, Distt.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 191 ( 2 ),
190, 126 ( 2 ), 115 ( 2 ), 118 (1) , 109 (1) , 303 ( 2 ), 352 and
351 ( 2 ) of BNS.
3 . As per F.I.R., informant alleged that on
03.06.2025 , all the accusd persons including petitioners armed
with lathi, danda , iron rod and farsa came and on the order of
petitioner No. 1 petitioner Nos. 2 and 3 assaulted brother of
Patna High Court CR. MISC. No.49 of 2026(2) dt.20-01-2026
2/3
informant.
4. Learned counsel for the petitioner submitted that
petitioners are innocent and has committed no offence as
alleged. Allegation of assault is general and omnibus against
petitioner Nos. 2 and 3 . No specific allegation of any overt act
is alleged against petitioner No. 1 and he is only alleged to be
order giver.
5 . Learned counsel for the State opposed the bail
petition and submitted that petitioner Nos. 2 and 3 assaulted
brother of informant and have got 8 criminal antecedents.
6. Considering the nature of accusation against
petitioner Nos. 2 and 3 , the prayer for pre – arrest bail of
petitioner Nos. 2 and 3 is rejected.
7. Considering the fact that petitioner No. 1 is only
alleged to be order giver and other circumstances of the case , in
the event of arrest or surrender within eight weeks from today,
let the petitioner No. 1 , as named above , be enlarged 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
ACJM Sikrahana at Dhaka East Champaran Motihari in
connection with Ghorasahan P.S. Case No. 177 of 2025 ,
subject to the conditions laid down under section 482 ( 2 ) of the
Patna High Court CR. MISC. No.49 of 2026(2) dt.20-01-2026
3/3
Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…