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Patna High Court

Raj Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.6406 of 2026(2) dt.04-02-2026
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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
Patna High Court CR. MISC. No.6406 of 2026(2) dt.04-02-2026
                                            3/4




          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.
              Patna High Court CR. MISC. No.6406 of 2026(2) dt.04-02-2026
                                                          4/4




                                     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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