Patna High Court
Baban RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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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