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Patna High Court

Ram Preet Rai @ Ram Preet RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, given the simple injury, the petitioner’s fair antecedent, and the provisions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, bail may be granted.

Summary

Vikash Kumar applied for bail in connection with a criminal case (PS No.452 of 2025) alleging assault on an informant's son and theft of a gold chain and Rs 1 lakh, with offences listed under Sections 126(2), 115(2), 109, 303(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. The petitioner argued that the informant was not an eye‑witness and that the accusation stemmed from prior enmity, while also pointing out that the injury was simple and that he has a fair antecedent. The State opposed bail. The court examined the nature of the accusation, the simplicity of the injury and the petitioner’s clean record, and applied Section 482(2) of the BNS. It concluded that these factors justified the grant of bail. Accordingly, bail was ordered on condition of a Rs 10,000 bond, two sureties of the same amount, one of whom must be a close family member, and surrender within four weeks.

Issues considered

  • Whether bail can be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita for the offences alleged.
  • Whether the simple nature of the injury and the petitioner’s fair antecedent warrant bail despite the seriousness of the charges.
  • Whether the lack of an eye‑witness and alleged enmity affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • simple injury
  • fair antecedent
  • enmity
  • assault
  • theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83963 of 2025
                       Arising Out of PS. Case No.-452 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Vikash Kumar S/O Arjun Rajvanshi Resident of Village- Takuatand, P.O and
                 P.S- Rajauli, District- Nawada, PIN- 805125.
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vivek Kumar Sinha
                 For the Opposite Party/s :       Mr.Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   06-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Rajoli P.S. Case No. 452 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 303(2),

                   3(5) of the BNS.

                                3. Allegedly, in the evening of the fateful day, the son

                   of the informant was called upon by the accused persons,

                   including the petitioners, and he was assaulted by the liquor

                   bottle and knife over his head due to which he sustained serious

                   injury. Besides the aforesaid allegation, it is also alleged that the

                   accused persons have snatched the one golden chain and Rupees

                   One Lakh from the son of the informant.

                                4. Learned Advocate for the petitioner referring to the

                   FIR contended that admittedly the informant is not an eye

                   witness to the alleged occurrence and the accusation has been

                   levelled only on account of previous enmity. Moreover, the

                   injury, which is allegedly sustained to the informant’s son, the
            Patna High Court CR. MISC. No.83963 of 2025(2) dt.06-01-2026
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                      same has been found to be simple in nature as is evident from

                      the impugned order. The petitioner bears fair antecedent and he

                      undertakes that he will fully cooperate in the proceeding of the

                      court.

                                   5. On the other hand, learned Advocate for the State

                      vehemently opposed the bail application.

                                   6. Having considered the submissions advanced by

                      the learned Advocates for the respective parties and taking note

                      of the nature of accusation, coupled with the simple injury,

                      besides the fair antecedent of the petitioner, let the petitioner

                      abovenamed be released on bail, in the event of his arrest or

                      surrender before the court below within a period of four weeks

                      from the date of receipt/production of a copy of this order, upon

                      furnishing bail bonds of Rs.10,000/- (ten thousand) with two

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

                      Chief Judicial Magistrate, Nawada in connection with Rajoli

                      P.S. Case No. 452 of 2025, subject to the conditions laid down

                      in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,

                      2023, with the further condition that one of the bailors shall be

                      the own/close family members of the petitioner.


                                                  (Harish Kumar, J)
Anjani/-
U       T


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