Patna High Court
Raj Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed by the Court.
Summary
The petitioners, three residents of Gangajal Bakarpur, sought anticipatory bail fearing arrest in a case (PS No.267/2025) alleging assault and grievous injuries under several IPC sections. They contended that the injuries were minor, occurred on non‑vital parts of the body, and that the prosecution’s case was exaggerated and false. While one petitioner had a clean record, the other two had a single prior conviction each. The State opposed the bail. The High Court, after considering the facts and submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including bond requirements, sureties, and compliance with trial attendance, with provisions for cancellation on breach or concealment of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
- Whether the alleged offences and the nature of injuries justify denial of bail.
- Whether the petitioners’ criminal antecedents affect the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- Indian Penal Code offences
- assault
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6406 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
1. Raj Kumar Rai, S/O Sagar Rai R/O Gangajal Bakarpur, P.S- Rajapakar,
District- Vaishali.
2. Manish Kumar @ Manish Rai, S/O Late Surendra Rai R/O Gangajal
Bakarpur, P.S- Rajapakar, District- Vaishali.
3. Chandan Kumar @ Chandan Kumar Rai, S/O Ravindra Rai R/O Gangajal
Bakarpur, P.S- Rajapakar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Rajapakar P.S. Case No.267 of 2025 registered for the
offences under Sections 126(2), 115(2), 76, 109, 118(2), 352,
351(2), 3(5) of the I.P.C.
3. The allegation against the petitioners is that they
together with the other accused persons, assaulted the informant
and others, causing grievous injuries.
4. Learned counsel for the petitioners submits that for
the same incident there was case and counter case. It has been
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alleged that both the sides had received injuries on account of
some altercation which had taken place between the parties.
Learned counsel for the petitioners refers to the injury report
brought on the record by way of Annexures P3, P4 and P5
which would go on to show that the injuries sustained by the
injured persons were threefold. It has further been submitted
that the injury sustained by one Nageshwar Pandit was found to
be grievous. However, the injury was on the left thumb of the
said person, while the injury sustained by Anjali Kumari, which
is stated to be grievous, is on the right wrist and both the injuries
were found to be on the non-vital part of the body. It has next
been submitted that the injury sustained by Kamlesh Kumar on
the head was found to be simple in nature. It has also been
submitted that the prosecution has exaggerated the story and
lodged a false and concocted case. It has lastly been submitted
that the petitioner no.1 has clean antecedent while petitioner
nos. 2 and 3 have one criminal antecedent each.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
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event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Rajapakar P.S. Case No.267 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned 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.
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7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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