Patna High Court
Vinod RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court inclined to extend bail to the petitioners with conditions, finding no sufficient ground to deny it.
Summary
Vinod Rai and Sudhan Rai were in judicial custody for alleged assault offences arising from a land dispute, charged under multiple sections of the Bhartiya Nayay Sanhita, 2023. They applied for bail, asserting no prior criminal record and that the injuries reported were simple. The State, through the informant, opposed bail, emphasizing the violent nature of the assaults targeting vital organs. The Court considered the lack of antecedent, duration of custody since October 2024, and an undertaking to appear diligently in trial. Finding the petitioners’ claims credible, the Court granted bail with a Rs.10,000 bond per petitioner and imposed strict conditions regarding court appearances, police attendance, non‑interference with witnesses, and abstention from further offences.
Issues considered
- Whether bail should be granted to the petitioners despite the seriousness of the assault charges under the Bhartiya Nayay Sanhita, 2023.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118(1), 126, 190, 191(2), 303(2), 324(4), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- judicial custody
- conditions of bail
- Bhartiya Nayay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50625 of 2025
Arising Out of PS. Case No.-145 Year-2024 Thana- DORIGANJ District- Saran
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1. Vinod Rai S/o Tulsi Rai R/o Village- Chakiya, P.S.- Dariganj, Dist- Saran
2. Sudhan Rai S/o Tulsi Rai R/o Village- Chakiya, P.S.- Dariganj, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Narendra Kumar, Advocate
For the Opposite Party/s : Mrs.Renu Kumari, APP
For the Informant : Mr. Ravi Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 09-01-2026 Heard Mr. Narendra Kumar, learned counsel for the
petitioners and Mr. Ravi Kumar, learned counsel for the
informant.
2. The petitioners are in judicial custody in connection
with Doriganj P.S. Case No. 145 of 2024 for the offence
punishable under Sections 191(2), 190, 126, 115(2), 118(1),
352, 351(3), 109, 303(2) and 324(4) of the Bhartiya Nayay
Sanhita, 2023 lodged on 04.07.2024 by the informant, Satya
Rai.
3. As per the prosecution story, the informant alleged
that when his nephew was returning home, due to land dispute,
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all the accused persons armed variously assaulted him. When he
tried to escape, it is all alleged that:
i) Daya Rai gave 'khanti' blow on the head of
Lakhuman Rai,
ii) Vinod Rai also assaulted him which hit his right
hand;
iii) when the brother, Devendra Rai came to rescue,
allegation is that petitioner no. 1 Sudhan Rai gave 'khanti' blow
on his head as result whereof he became unconscious;
iv) when the informant screamed, allegation is that
Chandan Rai gave 'khanti' blow to Lalan Rai;
v) again Chandan Rai, Vinod Rai and Guddu Rai
assaulted them by 'khanti';
vi) Tulsi Rai gave 'bhala' blow in the stomach of the
informant which hit his right leg and went inside the flesh;
vii) Chandan Rai again gave khanti blow on his head;
vii) Sudhan Rai, Vinod Rai and Guddu Ral gave iron
rod/khanti blow causing injury
ix) Shiv Parsun Rai gave 'lathi' blow causing injuries.
This led to the F.I.R.
4. Earlier, the petitioners moved this Court in Cr.
Misc. No. 84180 of 2024 in which while granting relief to Shiv
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Parsun Rai, the bail application of these two petitioners were
rejected vide an order 11.12.2024. This is the second attempt.
5. Learned counsel for the petitioners submit that they
do not have criminal antecedent and are in custody since
01.10.2024. The injury report has also been brought on record to
show that the injuries have been found to be simple in nature, if
granted relief, they shall be diligently appearing in trial.
5. Learned counsel representing the informant on the
other hand opposes the prayer submitting that though injuries
are simple in nature, the assault was intended for vital organ
(head).
6. Taking into account the submissions of the parties
as also that the petitioners do not have criminal antecedent, are
in custody since 01.10.2024, an undertaking has been given that
they shall be diligently appearing in trial, in that background,
this Court is inclined to extend them the privilege of bail with
conditions.
7. Let the petitioners be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Saran at Chapra, in connection with
Doriganj P.S. Case No. 145 of 2024 subject to the following
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conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter I.D./Driving License/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
8. Before parting, this Court would like to put on
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record its word of appreciation for Mr. Ravi Kumar, learned
counsel for the petitioners for the proper assistance rendered in
the matter.
(Rajiv Roy, J)
Ravi/-
U T
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