Patna High Court
Niranjan Kumar Rai @ Naranjan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, three residents of Chormara village, sought anticipatory bail after being named in an FIR alleging that they, armed with lathis and dandas, assaulted an informant and his family. The FIR listed offences under Sections 147, 148, 149, 341, 323, 307, 354, 504, 506 and 447 of the Indian Penal Code. The petitioners contended that the allegations were false, the injuries were minor, and they had a clean antecedent. The State opposed the bail application, arguing the seriousness of the charges. The Court, considering the nature of the accusations, the minor injuries, and the petitioners' clean record, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged in the FIR
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Indian Penal Code
- false implication
- clean antecedent
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5650 of 2026
Arising Out of PS. Case No.-69 Year-2020 Thana- CHAKAI District- Jamui
======================================================
1. Niranjan Kumar Rai @ Naranjan Rai S/o- Jugal Kishore Rai Village-
Chormara PS- Chakai District- Jamui
2. Har Kishore Rai @ Hari Kishore Rai S/o- Bhagirath Rai Village- Chormara
PS- Chakai District- Jamui
3. Sunny Kumar Rai @ Sannu Kumar Rai S/o- Yugal Kishore Rai Village-
Chormara PS- Chakai District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 147, 148, 149, 341, 323,
307, 354, 504, 506, 447 of the Indian Penal Code.
3. As per F.I.R., on the alleged date and time of
occurrence, all the named accused persons, including these
petitioners, armed with lathi, danda, assaulted informant and his
family members.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.5650 of 2026(2) dt.04-02-2026
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case. Allegation of assault is general and omnibus. Injuries
sustained by the injured are simple in nature. Petitioners claim
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 Additional Chief Judicial
Magistrate III, Jamui in connection with Chakai P. S. Case No.
69 of 2020, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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