Patna High Court
Ravindra Rai @ Ravindra pd YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding that the injuries were superficial and the circumstances warranted release on bond.
Summary
The petitioner, Ravindra Rai, was charged under several IPC sections for assaulting an informant and his family with weapons, causing injuries including a fractured head. The petitioner sought bail, arguing that the injuries were superficial, there was no injury report for one victim, and that a counter‑case existed against the informant. The prosecution opposed bail, citing the seriousness of the offenses. The court considered the superficial nature of the injuries, the existence of a case‑and‑counter‑case, the petitioner’s clean antecedent, and the length of his custody, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties and specific conditions under Section 480(3) of the Bihar Negotiable Security Act.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC
- Whether the superficial injuries and existence of a counter‑case justify release on bail
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354B, 379, 504, 506
Subjects
- bail
- assault
- Indian Penal Code
- Criminal Procedure Code
- injury
- clean antecedent
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73480 of 2025
Arising Out of PS. Case No.-132 Year-2022 Thana- PIPRAKOTHI District- East Champaran
======================================================
Ravindra Rai @ Ravindra Pd. Yadav S/O Rama Shish Rai R/O Village-
Mathiya Bariyar Pur, P.S- Pipra, Dist- East champran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Piprakothi P.S. Case No. 132 of 2022 registered
for the alleged offences under Sections 341, 323, 324, 307,
354B, 379, 504, 506/34 of the Indian Penal Code.
03. As per prosecution case, the petitioner and other
co-accused persons armed with lathi, danda, iron rod, Farsa,
knife came to the doors of the informant and assaulted the
informant. When the elder brother of the informant intervened,
he was assaulted by this petitioner on his head causing fracture.
Other family members of the informant were also assaulted.
04. Learned counsel for the petitioner submits that
there is no injury report of Narad Rai on record, though injury
Patna High Court CR. MISC. No.73480 of 2025(3) dt.21-01-2026
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report of one Naresh Rai is on record and the said person is
stated to be brother of the informant, but his injury is superficial
as injury suffered by the person is stated to be incised wound on
right parietal region of size 3"x1/3"x skin deep apart from bruise
on left forehead of size 3"x1/2", though injury no. 1 is stated to
be caused by sharp cutting substance and the weapon attributed
to the petitioner is Farsa which is a heavy sharp cutting weapon
and such superficial injury would not be caused by Farsa.
Learned counsel further submits that there is case and counter
and one Arvind Rai from the petitioner's side has filed case
against the informant and others as they called his mother witch
and assaulted the persons of the petitioner's side. The petitioner
is having clean antecedent and he is in custody since
22.07.2025. The charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case between the parties and further
considering the superficial nature of injury of the victim of
assault by the petitioner and also considering the period of
custody of the petitioner, his clean and submission of charge
Patna High Court CR. MISC. No.73480 of 2025(3) dt.21-01-2026
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sheet, the petitioner above named is directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, East Champaran at
Motihari/concerned Court in connection with Piprakothi P.S.
Case No. 132 of 2022, subject to the conditions mentioned in
Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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