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Patna High Court

Golu Rai @ Abhishek RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, directing release on bail bond with conditions under Section 482(2) of the B.N.S.

Summary

The petitioner, Golu Rai, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 303(2), 109, 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that he assaulted an informant's leg with a sword. The petitioner claimed innocence, alleging political victimisation and that the injuries were minor. The State opposed the bail. Considering the modest nature of the injuries and the circumstances, the court allowed the anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S. in view of the alleged offences and the nature of injuries.

Legislation cited

  • B.N.S. — s. 109, 126(2), 303(2), 3(5), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • false implication
  • assault
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82900 of 2025
                        Arising Out of PS. Case No.-325 Year-2025 Thana- RAJPUR District- Buxar
                 ======================================================
                 Golu Rai @ Abhishek Rai Son of Ram Niwash Rai R/o Village - Kanehari,
                 P.S. - Rajpur, Dist. - Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Shailendra Kumar Choubey, Advocate
                 For the State           :        Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   303(2), 109, 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted on the leg of informant with sword.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. As a matter of fact, due to village

                   politics, petitioner has falsely been implicated in this case.

                   Doctor has found the injuries, sustained by the injured, simple in

                   nature.

                                5. Learned A.P.P. for the State has vehemently
             Patna High Court CR. MISC. No.82900 of 2025(2) dt.05-01-2026
                                                         2/2




                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the case

                       and nature of injuries sustained by the injured, the prayer for

                       grant of anticipatory bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned C.J.M., Buxar in connection

                       with Rajpur P.S. Case No. 325 of 2025, subject to condition as

                       laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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