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Patna High Court

Neeraj RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

Neeraj Rai applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, including offences of assault, kidnapping and attempt to murder. He claimed he was falsely implicated, alleging that the informant’s grievance stemmed from a dispute over fishing and a ransom demand of Rs. 1 lakh. The State opposed the bail, arguing the seriousness of the alleged offences. The court examined whether the petitioner’s alleged false implication and the nature of the offences justified denial of anticipatory bail. Relying on Section 482(2) of the BNSS, the court held that anticipatory bail could be granted subject to strict conditions. Accordingly, the petitioner was ordered to be released on anticipatory bail upon furnishing bail bonds and sureties as directed.

Issues considered

  • Whether anticipatory bail can be granted in a case involving offences under Sections 126(2), 115(2), 109, 191(2), 190, 296, 333, 351(2) and 352 of the BNSS.
  • Whether the petitioner’s claim of false implication and the alleged motive of a ransom demand affect the grant of anticipatory bail.
  • Whether the seriousness of the alleged offences warrants denial of anticipatory bail.
  • Whether conditions under Section 482(2) of the BNSS may be imposed while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure
  • bail conditions
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79553 of 2025
                        Arising Out of PS. Case No.-81 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
                 Neeraj Rai S/o Umesh Rai R/o vill - Chahpura, P.s.- Isuapur, Dist.- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :       Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-02-2026                  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 offences punishable under Sections 126(2),

                   115(2), 109, 191(2), 190, 296, 333, 351(2) and 352 of the

                   Bharatiya Nyaya Sanhita.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case, as would manifest from

                   the pleadings made in the supplementary affidavit. It is next

                   submitted that the informant alleges that accused persons

                   including the petitioner came and assaulted him and his brother

                   and informant suffered injury on head and the reason for the

                   occurrence is non payment of ransom of Rs. 1 lakh.

                                4. Learned counsel submits that the petitioner has

                   been falsely implicated in the instant case by the informant. It is
            Patna High Court CR. MISC. No.79553 of 2025(3) dt.17-02-2026
                                                        2/2




                      further submitted on account of dispute relating to fishing, an

                      altercation took place in which both sides assaulted each other

                      and from side of the petitioner Isuapur P.S. Case No. 82 of 2025

                      came to be instituted against the informant and others. It is also

                      submitted that the injury suffered by the injured has been opined

                      to be simple in nature.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, 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) each with two

                      sureties of the like amount each to the satisfaction of the learned

                      trial court where the case is pending/successor court in

                      connection with Isuapur P.S. Case No. 81 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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