Patna High Court
Bihari RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted to the petitioners.
Summary
The petitioners, Bihari Rai and Avanish Kumar, were implicated in a violent incident where a group of about 29 persons allegedly assaulted an informant and his brothers while they were ploughing a field, causing injuries and damage to a tractor. The petitioners were accused as the alleged order‑giver and shooter under multiple provisions of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. They filed an anticipatory bail application, contending that the allegations were vague, no firearm injury was proven, and there was no specific overt act attributable to them. The State opposed the bail. After considering the nature of the accusations and the circumstances, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioners must furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the allegations disclose a specific overt act sufficient to justify denial of bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the Court to enlarge bail upon surrender
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 119(1), 126(2), 190, 191(2), 191(3), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6694 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
1. Bihari Rai son of Jamun Rai Resident of village - Raghopur, Ps- Chiraiya,
Dist- East Champaran
2. Avanish Kumar son of Yugal Rai Resident of village - Raghopur, Ps-
Chiraiya, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 118(1), 109, 119(1), 303(2), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms
Act.
3. Allegedly, in the morning of the fateful day, while
the informant was ploughing his field with a tractor along with
his three brothers, in the meanwhile, altogether 29 named
accused persons including these petitioners along with 5-7
unknown persons came there and objected to plough the land.
Patna High Court CR. MISC. No.6694 of 2026(2) dt.11-02-2026
2/3
Upon protest, all of them brutally assaulted the informant and
his brothers, leading to serious injuries to all of them. It is
specifically alleged that in course of incidence while the brother
of the informant came to his rescue, co-accused Vipin Rai
carrying a sharp edged spade has assaulted over the head of the
informant’s brother, due to which he sustained serious injury.
There is further allegation of causing assault to the informant
and others, besides the allegation of damaging the tractor and
other articles. Petitioner no. 1 is alleged to be the order giver
and petitioner no. 2 is alleged to have fired upon informant and
his brothers.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus. Petitioner no. 1 is
only alleged to be the order giver and though there is allegation
of firing against petitioner no. 2 but no one sustained any
firearms injury. There is no allegation of any specific overt act
against these petitioners. Moreover, there is counter version of
the present case being Chiraiya P. S. Case No. 281 of 2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
Patna High Court CR. MISC. No.6694 of 2026(2) dt.11-02-2026
3/3
and circumstances of the case, 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 Judicial
Magistrate, 1st Class, Sikrahna at Dhaka, East Champaran,
Motihari in connection with Chiraiya P. S. Case No. 238 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…