Patna High Court
Bheem RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the vague allegations and the petitioner’s clean antecedent, anticipatory bail is warranted under Section 482(2) of the BNSS.
Summary
The petitioner, Bheem Rai, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 103(1) and 3(5) of the BNSS for allegedly assaulting a victim who later died. He argued that he has a clean antecedent and that the FIR contains a vague, omnibus allegation without a specific motive, the alleged dispute being over a song in an orchestra. The State opposed the bail, but the court noted that the allegations were general and that there was no evidence of the petitioner’s likelihood to flee, tamper with evidence, or threaten witnesses. Relying on the clean record of the petitioner and the lack of concrete incriminating facts, the court applied Section 482(2) of the BNSS to grant anticipatory bail. The bail was conditioned on furnishing a bond of Rs.10,000 with two sureties of the same amount and surrendering within six weeks of arrest. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS in the present case
- Whether the general nature of the FIR and lack of specific motive justify denial of bail
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- BNSS — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- BNSS
- assault
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7660 of 2026
Arising Out of PS. Case No.-327 Year-2024 Thana- DIGHWARA District- Saran
======================================================
Bheem Rai S/O Virendra Rai R/O Village - Molaha Dariyapur, P.S-
Dariyapur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1) and
3(5) of BNSS.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 09.09.2024, eight named accused persons
including the petitioner along with eight unknown accused came
and assaulted his brother Jaleshwar causing injury, the injured
was taken to PHC, from there he was referred to PMCH and
thereafter to AIIMS, Patna where he died during the course of
treatment.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.7660 of 2026(2) dt.30-04-2026
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Raushan Kumar and three others had approached this Court
seeking anticipatory bail by filing Criminal Miscellaneous No.
14110 of 2025 in which SHO and the I.O. of the case were
present in the Court and the learned APP based on instruction, in
Criminal Miscellaneous No. 14110 of 2025, had submitted that
the thrust of the allegation is against Mukhiya and wife of
Mukhiya has petitioned the Superintendent of Police seeking a
fair investigation in the case on the ground that his husband was
not involved with the occurrence. The learned counsel for the
petitioner, thus, submits that from perusal of the F.I.R. it would
manifest that allegation of assault is general and omnibus in
nature and no motive has been assigned for the occurrence, on
which the learned APP submits that reason for the occurrence
was that there was some dispute with regard to song being sung
in the orchestra.
5. After hearing the learned counsel for the parties
and taking into consideration the order dated 15.05.2025 in
Criminal Miscellaneous No. 14110 of 2025, the petitioner
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.7660 of 2026(2) dt.30-04-2026
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learned trial court where the case is pending/successor court in
connection with Dighwara P.S. Case No.327 of 2024, subject to
the conditions as laid down under Section 482 (2) of the BNSS.
6. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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