Patna High Court
Raj Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Raj Kumar Rai and Sanni Kumar, were accused in FIR No. 155 of 2024 for assaulting an informant and her husband, with charges under several sections of the Bihar Negotiable Sale and Settlement Act, 2023. They applied for anticipatory bail under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNSS, arguing that the injuries were simple and the allegations vague. The court noted that both parties were co‑sharers and neighbours, and the alleged injuries to the informant were minor. Considering the lack of specific allegations against Sanni Kumar and the simple nature of the injury to Raj Kumar Rai, the court was inclined to grant bail. Consequently, the application for anticipatory bail was allowed, subject to a bail bond of Rs.10,000 with two sureties and compliance with the conditions of Section 438(2) CrPC/Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC/Section 482 BNSS given the nature of the alleged offences
- Whether the alleged injuries and allegations are sufficient to deny bail
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- assault
- simple injury
- co‑sharers
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66137 of 2025
Arising Out of PS. Case No.-155 Year-2024 Thana- BALIGAON District- Vaishali
======================================================
Raj Kumar Rai S/o Dhurai Rai R/o vill- Imadpur, P.s- Baligaon, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 66188 of 2025
Arising Out of PS. Case No.-155 Year-2024 Thana- BALIGAON District- Vaishali
======================================================
Sanni Kumar @ Sunny Kumar S/o Raj Kumar Rai R/o vill- Imadpur, P.s-
Baligaon, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 66137 of 2025)
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
(In CRIMINAL MISCELLANEOUS No. 66188 of 2025)
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 25-02-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Baligaon Police Station Case No. 155 of 2024,
disclosing offences under Sections 126(2), 115(2), 118(1), 303,
109(1), 352 and 3(5) of the BNS, 2023.
3. As per the FIR, on 12.10.2024, all the accused
persons including the petitioners, total six in numbers, entered
into the house of the informant, started abusing, and when
Patna High Court CR. MISC. No.66137 of 2025(3) dt.25-02-2026
2/3
objected, the petitioner in Cr. Misc. No. 66137 of 2025, namely
Raj Kumar Rai, assaulted the informant by means of Farsa,
causing head injury, and petitioner in Cr. Misc. No. 66188 of
2025, namely Sanni Kumar, caught hold the hair of the
informant and pulled her on the ground, due to which she was
unrobed. It has further been alleged that when the husband of
the informant arrived in order to save her, he was also assaulted
by all the accused persons by lathi, bricks, etc.
4. Learned counsel for the petitioners submits that
the petitioners are co-sharers and neighbors of the informant and
there is a previous enmity between them. The specific allegation
against the petitioner in Cr. Misc. No. 66137 of 2025, namely
Raj Kumar Rai, is that he assaulted the informant by means of
Farsa and the injury caused to the informant is simple in nature.
The allegation against petitioner in Cr. Misc. No. 66188 of
2025, namely Sanni Kumar, is only that he pulled the informant
down and the same is ornamental in nature. The allegation
against the petitioners of assault of husband of the informant is
general and omnibus in nature and there are altogether six
accused persons.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
Patna High Court CR. MISC. No.66137 of 2025(3) dt.25-02-2026
3/3
both the parties are co-sharers and neighbors, injury caused to
the informant which is attributable to petitioner in Cr. Misc. No.
66137 of 2025, namely Raj Kumar Rai, is simple in nature and
there is no specific allegation of assault against petitioner in Cr.
Misc. No. 66188 of 2025, namely Sanni Kumar, I am inclined to
grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Vaishali at Hajipur, in connection with Baligaon Police Station
Case No. 155 of 2024, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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