Patna High Court
Praduman Rai @ Praduman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court ordered that the petitioners be released on bail, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, six members of the Rai family, sought bail after the State charged them under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting the sons and husband of an informant with weapons, causing a head injury. The petitioners contended that they were falsely implicated due to village politics and enmity, highlighted a two‑day delay in filing the FIR, and emphasized that the injuries were minor and that one petitioner was an 82‑year‑old with no criminal record. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the Court considered the delay, the petitioners’ lack of antecedents, their willingness to cooperate, and the nature of the injuries. The Court granted bail to all petitioners, subject to a bond of Rs.10,000 with two sureties each, and conditioned the release on surrender within six weeks, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners pending trial for offences under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the two‑day delay in lodging the FIR and alleged political enmity justify the grant of bail.
- Whether the nature of the alleged assault and the injuries sustained warrant denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- FIR delay
- political enmity
- Bharatiya Nyaya Sanhita
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77499 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- SALIMPUR District- Patna
======================================================
1. Praduman Rai @ Praduman Kumar S/o- Chanarik Rai R/v- Gyaspur Mahaji
PS- Salimpur Dist- Patna
2. Dhabendra Rai @ Dharmendra Rai S/o- Chanarik Rai R/v- Gyaspur Mahaji
PS- Salimpur Dist- Patna
3. Netlal Rai @ Malik Rai S/o- Chanarik Rai R/v- Gyaspur Mahaji PS-
Salimpur Dist- Patna
4. Arbind Rai @ Praveen Kumar S/o- Chanarik Rai R/v- Gyaspur Mahaji PS-
Salimpur Dist- Patna
5. Kaltu Rai S/o- Chanarik Rai R/v- Gyaspur Mahaji PS- Salimpur Dist- Patna
6. Chanarik Rai S/o- Late Bhikhan Rai R/v- Gyaspur Mahaji PS- Salimpur
Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 109, 303(2),
352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, on the alleged date and
time of occurrence, all the accused persons including the
petitioners abused and assaulted the sons of informant. It is also
alleged that co-accused Mundrika Rai and petitioner no. 5
Patna High Court CR. MISC. No.77499 of 2025(3) dt.11-02-2026
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assaulted the husband of the informant with Gadasa and
Pharsa, as a result of which, he sustained head injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to enmity and village politics. Further
submission is that the F.I.R. has been lodged after a delay of two
days without any plausible reason. There is case and counter
case between the parties for the same occurrence. Both sides
sustained injuries. The injuries to the injured are simple in
nature. Learned counsel submits that petitioner no. 6, namely,
Chanarik Rai is aged about 82 years. Petitioners have no
criminal antecedent and they undertake to cooperate in the
investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.77499 of 2025(3) dt.11-02-2026
3/3
Chief Judicial Magistrate-I, Barh, Patna in connection with
Salimpur P.S. Case No. 173 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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