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Patna High Court

Arvind Rai @ Arvind Kumar Rai @ Ravindra RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because the petitioners have criminal antecedents and the alleged assault was without justification.

Summary

The petitioners, Arvind Rai and Ritik Kumar, sought anticipatory bail fearing arrest in connection with Goraul P.S. Case No.212 of 2025, which alleged offences under several sections of the Bihar Penal Code, including assault with a lathi. They claimed innocence and alleged a case‑and‑counter‑case between the parties. The State opposed, highlighting the petitioners' criminal antecedents and asserting the assault was unprovoked. The Court, after considering the submissions, was not persuaded to grant anticipatory bail. Consequently, the application was dismissed and the petitioners were ordered to surrender within four weeks and to apply for regular bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case.

Subjects

  • anticipatory bail
  • criminal antecedents
  • assault
  • regular bail
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68463 of 2025
                       Arising Out of PS. Case No.-212 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
           1.     Arvind Rai @ Arvind Kumar Rai @ Ravindra Rai S/O Anup Ray Resident
                  of Village- Narayanpur Bedaulia, P.S.- Goraul, Distt.- Vaishali.
           2.    Ritik Kumar @ Ritik Raushan @ Rtik Kumar S/O Ranjeet Kumar @
                 Ranjeet Ray Resident of Village- Lodipur, P.S.- Goraul, Distt.- Vaishali.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar
                 For the Opposite Party/s :        Mr.Rita Verma
                                                   Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-03-2026                     Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2.         The petitioners apprehend their arrest in

                   connection with Goraul P.S. Case No. 212 of 2025 registered for

                   the offence under Sections 191(2), 126(2), 115(2), 118(1),

                   117(2), 74, 303(2), 352, 351(2) of the BNS.

                                   3. As per the prosecution case, the petitioners are

                   said to have assaulted the victim with lathi.

                                   4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. He further submits that

                   there is case and counter case between the parties and therefore
          Patna High Court CR. MISC. No.68463 of 2025(4) dt.09-03-2026
                                                      2/2




                    the petitioners deserve anticipatory bail.

                                    5. Learned counsel for the State has opposed the

                    application of the petitioners and has submitted that the

                    petitioners have criminal antecedents also and from the record,

                    it appears that they have assaulted the victim without any

                    reason.

                                    6. Considering the aforesaid facts, this Court is not

                    inclined to grant anticipatory bail to the petitioners.

                                    7. Accordingly, this application is dismissed.

                                    8. The petitioners are directed to surrender within

                    four weeks from today and pray for regular bail.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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