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Patna High Court

Umashankar Rai @ Umashankar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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