Patna High Court
Ramanuj Rai @ Ramanuj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to strict conditions.
Summary
The petitioners, Ramanuj Rai, Chandan Kumar Rai and Ranjan Kumar Rai, were arrested in connection with FIR No. 257/2025 alleging assault on an informant and his family using deadly weapons. They sought bail, claiming innocence and that the case was a retaliatory counter‑case to a separate matter they had filed. The prosecution opposed bail, noting the seriousness of the offences under multiple sections of the BNS, 2023, and the criminal antecedent of petitioner no. 3. The court examined the allegations, the clean records of petitioners 1 and 2, and the pending case of petitioner 3, and concluded that bail could be granted with conditions. Accordingly, each petitioner was released on bail upon furnishing a Rs 10,000 bond with two sureties and compliance with stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under the listed sections of the BNS, 2023 given the nature of the alleged assault.
- Whether the FIR specifically attributes the assault to the petitioners or merely to co‑accused.
- Whether the existence of a counter‑case and the petitioners' criminal antecedents affect the grant of bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
Subjects
- bail
- assault
- criminal antecedent
- counter case
- BNS Act
- section 126
- section 115
- section 118
- section 109
- section 74
- section 303
- section 352
- section 351
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5485 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- DERNI BAZAR District- Saran
======================================================
1. Ramanuj Rai @ Ramanuj Kumar S/o- Late Raj Balabh Rai R/v- Pirari Ps-
Derani Dist- Saran, Chapra
2. Chandan Kumar Rai @ Chandan Kumar S/o- Ramanuj Rai @ Ramanuj
Kumar R/v- Pirari Ps- Derani Dist- Saran, Chapra
3. Ranjan Kumar Rai @ Ranjan Kumar S/o- Raj Kishor Rai @ Raj Kishor
Prasad Rai R/v- Pirari Ps- Derani Dist- Saran, Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Braj Nandan Kumar Tiwary, learned
counsel for the petitioners and Mr. Brajendra Nath Pandey,
learned Additional Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
10.12.2025, in connection with Derni P.S. Case No. 257 of
2025, F.I.R. dated 08.11.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352, 351(2),
351(3), 3(5) of the BNS, 2023.
3. According to prosecution case, all the FIR named
accused persons including these petitioners armed with deadly
weapons came at the door of the informant and assaulted the
Patna High Court CR. MISC. No.5485 of 2026(2) dt.29-01-2026
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informant and his family members. Petitioner no. 3 gave farsa
blow on the head of the informant by which he sustained injury
on his hand and petitioner nos. 1 and 2 assaulted the informant
by means of lathi and rod. When his family members came to
rescue him, they were too assaulted by the accused persons due
to which three persons sustained head injury.
4. Learned counsel for the petitioners submit that
petitioners are innocent and they have falsely been implicated in
the present case. Learned counsel further submits that the
present case is counter blast of Derni P.S. Case No. 256 of 2025
filed by the petitioners side against the informant and his family
members. Learned counsel submits that although the petitioners
are named in the FIR but from a bare perusal of F.I.R. it appears
that there is no specific allegation of assault attributed against
petitioner rather the specific allegation of assault is attributed
against the co-accused Ranjan Kumar that he had given a farsa
blow on the head of the informant and the informant has
received the injury but the petitioners side also received injuries
and there was no intention to kill anyone and the police after
investigation, submitted chargesheet against the petitioners and
the petitioners are in custody since 10.12.2025.
5. Learned APP for the State has vehemently opposed
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the prayer for bail of the petitioners and submits that the
petitioners no. 1 and 2 have clean antecedent whereas petitioner
no. 3 carries one more case other than the present one but fairly
submits that he is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
and also the fact that there is case and counter case and
petitioner nos. 1 and 2 have clean antecedent and petitioner no.
3 carries one more case in which he is on bail and period of
custody of the petitioners, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class, Saran,
Chapra in connection with Derni P.S. Case No. 257 of 2025,
with the following conditions:
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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