Patna High Court
Brajesh Rai @ Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
Brajesh Rai, accused in a case registered under multiple sections of the Bihar Penal Code for assaulting an informant and his family, has been in judicial custody since September 8, 2024. He contended that he was falsely implicated and had no prior criminal record, seeking regular bail after an earlier bail application was rejected. The State opposed the bail, citing the seriousness of the charges. The court examined the FIR, noting that only one injury was caused by a lathi, and considered the petitioner’s circumstances and lack of antecedents. It ordered his release on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the condition that the bond be executed after framing of charge.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and a prior denial of bail
Subjects
- regular bail
- criminal procedure
- bail bond
- judicial custody
- false implication
- assault
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74505 of 2025
Arising Out of PS. Case No.-107 Year-2024 Thana- LAKHAURA District- East Champaran
======================================================
Brajesh Rai @ Brajesh Kumar S/o Rameshwar Rai R/o Village - Nauranga,
P.S- Lakhura, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is in custody in connection with
Lakhura P.S Case No. 107 of 2024 registered for the
offences punishable under Sections 126(2), 115(2), 109(2),
76, 303(2), 352, 351(3), 3(5) and 103 of BNS.
3. As per prosecution case, petitioner along with
co-accused have assaulted the informant and his family
members.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is
further submitted that earlier prayer for regular bail of the
Patna High Court CR. MISC. No.74505 of 2025(3) dt.21-01-2026
2/3
petitioner was rejected by the Co-ordinate Bench of this
court in Cr. Misc. No. 85332 of 2024. It is further submitted
that petitioner has got no criminal antecedent as stated in
paragraph no. 3 of the bail petition. It is also submitted that
petitioner is in judicial custody since 08.09.2024.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that this is a second attempt for regular of the
petitioner, earlier prayer for regular bail of the petitioner
was rejected by the Co-ordinate Bench of this court in Cr.
Misc. No. 85332 of 2024. Petitioner is under custody since
08.09.2024. Only one injury caused by petitioner by lathi
on the injured.
7. Considering the aforesaid facts and
circumstances of the case and submissions made on behalf
of the petitioner, let the above named petitioner 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 CJM, East Champaran in connection
with Lakhura P.S Case No. 107 of 2024, subject to the
Patna High Court CR. MISC. No.74505 of 2025(3) dt.21-01-2026
3/3
condition that petitioner shall furnish the bail bond after
framing of the charge.
(Ramesh Chand Malviya, J)
Mayank/-
U T
Checking your session…