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Patna High Court

Pramod RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

Petitioner Pramod Rai applied for anticipatory bail after being named in an FIR for allegedly assaulting and causing the death of an informant's son using an iron rod. The prosecution alleges that Rai, along with other accused, committed the offence punishable under Sections 103(1), 109, 61(2) and 3(5) of the B.N.S. The petitioner contended that he is innocent, has no prior criminal record, and that the informant is not an eye‑witness. The State opposed the bail, emphasizing the seriousness of the charges and the petitioner’s alleged participation in the assault. The Court examined the gravity of the alleged crime and the petitioner’s role as an alleged assailant. Consequently, the Court rejected the petition for anticipatory bail, finding no sufficient ground to grant relief.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the allegations of offences under Sections 103(1), 109, 61(2) and 3(5) of the B.N.S.

Legislation cited

  • B.N.S. — s. 103(1), 109, 3(5), 61(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • murder
  • B.N.S.
  • Sections 103
  • Section 109
  • Section 61
  • Section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4983 of 2026
                   Arising Out of PS. Case No.-226 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Pramod Rai Son of Late Lalji Rai Resident of Village- Ganesh Sirisiya, P.S.-
                 Chakia, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Anuj Kumar, Advocate
                 For the State           :        Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 103(1),

                   109, 61(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including this petitioner, abused

                   and assaulted son of informant by means of iron rod due to

                   which he died.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Informant is not an eye witness to the

                   occurrence and petitioner has falsely been implicated in this
             Patna High Court CR. MISC. No.4983 of 2026(2) dt.11-02-2026
                                                         2/2




                       case merely on suspicion. Petitioner claims clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       with specific accusation that he, along with other accused

                       persons, assaulted son of informant due to which he died.

                                    6. Considering the facts and circumstances of the

                       case, fact that petitioner is one of the assailant of the deceased

                       and gravity of offence, the prayer for grant of anticipatory bail

                       to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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