Patna High Court
Golu Rai @ Abhishek RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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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