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Patna High Court

Birju Rai @ Biraju Ray @ Bijay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners under section 482(2) of the BNS, subject to bond and surety conditions.

Summary

The petitioners, five individuals from Rajaisi village, were implicated in an FIR alleging assault on an informant and others who attempted to rescue him, with injuries described as simple. They sought bail, fearing arrest in a case registered under multiple offences of the Bharatiya Nagarik Suraksha Sanhita (BNS), including sections 126(2), 115(2), 118(2), 109(1), 351(2), 351(3), 352 and 3(5). The State opposed the bail application, arguing the seriousness of the alleged offences. The Court considered the nature of the injuries, the petitioners' clean antecedent, and other surrounding circumstances. Relying on section 482(2) of the BNS, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, provided they surrender within eight weeks. The bail order was conditioned on compliance with the stipulated terms.

Issues considered

  • Whether bail can be granted to the accused under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving assault and related offences.
  • Whether the petitioners' clean antecedent and the simple nature of injuries justify bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72157 of 2025
                     Arising Out of PS. Case No.-51 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
               ======================================================
           1 . Birju Rai @ Biraju Ray @ Bijay Rai S/o- Late Rammilan Ray @ Ram
                Milan Rai Resident of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist-
                Samastipur Bihar
           2.    Jitendra Rai @ Jitendar Ray S/o- Late Rammilan Ray @ Ram Milan Rai
                 Resident of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur
                 Bihar
           3.    Raj Kumar @ Raj Kumar Ray S/o- Rambaran Ray @ Ram Baran Rai
                 Resident of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur
                 Bihar
           4.    Birendra Rai @ Birendar Ray S/o- Late Banke Ray @ Banke Rai Resident
                 of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur Bihar
           5.    Rohit Kumar S/o- Rambaran Ray @ Ram Baran Rai Resident of Rajaisi
                 Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar , Advocate
                 For the Opposite Party/s :      Mr. Shyameshwar Dayal , APP
                 For informant            :      Mr. Pramod Kumar Singh, Advocate
                                                 Mr. Pravin Kumar , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-01-2026                         Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend his arrest in a case registered

                   for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),

                   118 ( 2 ), 109 (1) , 351 ( 2 ), 351 (3) , 352 and 3 (5) of BNS.

                                 3 . As per F.I.R. informant alleged that all the accused

                   persons including these petitioners assaulted informant and
            Patna High Court CR. MISC. No.72157 of 2025(4) dt.13-01-2026
                                                        2/2




                      others persons who came to rescue , then accused persons

                      assaulted them with stick and iron rod due to which they

                      sustained injuries. Injuries sustained by the injured are simple

                      in nature . Petitioners claim clean antecedent.

                                    4. Learned counsel for the State opposed the bail

                      petition .

                                    5 . Considering the aforesaid facts, nature of injury ,

                      clean antecedent of these petitioners and other circumstances of

                      the case , in the event of arrest or surrender within eight weeks

                      from today, let the petitioners, as named above, 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

                      the learned Sub Divisional Judicial Magistrate Sahapur Patory

                      Samastipur in connection with Mohiuddin Nagar P.S. Case No.

                      51 of 2025 , subject to the conditions laid down under section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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