Patna High Court
Birju Rai @ Biraju Ray @ Bijay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 118(2), 126(2), 3(5), 351(2), 351(3), 352, 482(2)
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
Checking your session…