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Patna High Court

Brajesh Rai @ Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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


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