Patna High Court
Ram Preet Rai @ Ram Preet RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
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
2/2
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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