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Patna High Court

Vinod RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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,
Patna High Court CR. MISC. No.50625 of 2025(5) dt.09-01-2026
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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
Patna High Court CR. MISC. No.50625 of 2025(5) dt.09-01-2026
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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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