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Patna High Court

Baban RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail to the petitioner, holding that the nature of the charges warranted continued custody.

Summary

Baban Rai was arrested in connection with the death of an informant who was allegedly beaten on the orders of co‑accused Dadan Rai. The FIR charges him under Sections 126(2), 115(2), 352, 351(2), 3(5) of the B.N.S. and later added Section 103(1). He applied for bail, arguing that he had been in custody since 11‑05‑2025. The Court examined the seriousness of the offences, including the alleged homicide, and concluded that bail could not be granted. However, noting the prolonged detention, the Court directed the trial court to expedite the trial. The bail petition was therefore dismissed.

Issues considered

  • What is the appropriateness of granting bail to an accused charged with offences including homicide and assault under the B.N.S.?
  • Does the addition of Section 103(1) affect the bail considerations?

Legislation cited

  • B.N.S. — s. 103(1), 115(2), 126(2), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • homicide
  • assault
  • trial expeditious

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.79670 of 2025
                          Arising Out of PS. Case No.-81 Year-2025 Thana- KACCHWA District- Rohtas
                    ======================================================
                    Baban Rai Son of Late Hulas Rai Resident of Village - Gujru, P.S.-
                    Kachhwan, District - Rohtas
                                                                        ... ... Petitioner/s
                                                Versus
                    The State of Bihar
                                                                 ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner      :        Mr.Ashutosh Kumar Singh
                    For the State           :        Mr.Anil Kumar Singh No. 1
                    For the Informant       :        Mr.Surendra Kumar Mishra & Mr. Shashikant
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      09-01-2026                    Heard learned counsel for the petitioner, learned

                      A.P.P. for the State and learned counsel for the informant.

                                   2. The petitioner seeks bail in a case registered for

                      offence under Sections 126(2), 115(2), 352, 351(2), 3(5) of the

                      B.N.S. and later on, Section 103(1) of B.N.S. was added.

                                   3. As per F.I.R., on the order of co-accused Dadan

                      Rai, this petitioner along with other has beaten the informant by

                      RAMI, on account of which, in course of treatment, informant

                      died.

                                   4. Considering the nature of accusation, the prayer

                      for bail of petitioner is rejected. However, since petitioner is in

                      custody since 11.05.2025, the learned trial court is directed to

                      expedite the trial.



                                                    (Prabhat Kumar Singh, J)
anay

U        T


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