Patna High Court
Raja BadhayeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a bond and conditions under the BNSS, 2023.
Summary
Petitioner Raja Badhayee was arrested in connection with B.K.P. P.S. Case No. 294 of 2025 for alleged assault with a lathi‑danda and iron rod, and for allegedly snatching Rs.40,000 and a mangalsutra. The petitioner claimed innocence, stating that the incident was a dispute over wall removal with the informant, who is a neighbour, and that a counter‑case (Case No. 305 of 2025) had also been filed. The petitioner’s counsel sought permission to correct a clerical error regarding the relationship of parties and then applied for anticipatory bail, emphasizing the petitioner’s clean criminal record. The State opposed bail, but the court, after hearing both sides, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Sections 2(1)(d) and 482(2) of the BNSS, 2023. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 despite the serious offences alleged.
- Whether the petitioner’s clean antecedent and the existence of a counter‑case justify granting bail.
Legislation cited
- BNSS, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 2(1)(d), 303(3), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- clean criminal antecedent
- assault
- theft
- BNSS 2023
- Section 2(1)(d)
- Section 482(2)
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8441 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Raja Badhayee S/O Nek Lal Badhayee R/O Village- Turki Ward No. 1, P.S-
Bakhityarpur, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subesh Sharma, Adv.
For the Opposite Party/s : Mr.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Learned counsel for the petitioner submits that due to
inadvertent mistake, it has come in paragraph 7 of the bail
petition that parties are agnates. Therefore, he seeks permission
to correct the same.
2. Permission is granted.
3. As such, counsel for the petitioner is directed to
correct the same in course of the day.
4. Heard Learned Counsel for the petitioner and
Learned APP for the State.
5. The petitioner is apprehending arrest in connection
with B.K.P. P.S. Case No.294 of 2025 lodged on 01.10.2025, for
the offences punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 303(3), 352, 351(2) and 3(5) of the B.N.S., 2023.
Patna High Court CR. MISC. No.8441 of 2026(3) dt.01-04-2026
2/3
6. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner
with allegation that the petitioner has assaulted the informant by
lathi-danda and iron rod in the name of removing wall. The
allegation of snatching Rs.40,000/- and Mangalsutra is also
there.
7. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner and informant, both are
resident of same village and they are adjacent neighbour. He
submits that for the same date and place of occurrence, there is
case and counter-case lodged from both the sides. The informant
has lodged case i.e., B.K.P. P.S. Case No.294 of 2025 (present
case) and the petitioner has lodged case i.e., B.K.P. P.S. Case
No.305 of 2025. He further submits that none of the parties are
criminal, but it is true that scuffling took place from both sides
for removing the wall, due to which injury has been caused from
both sides.
8. Counsel submits that the criminal antecedent of the
petitioner is clean
9. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
Patna High Court CR. MISC. No.8441 of 2026(3) dt.01-04-2026
3/3
petitioner is clean.
10. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of C.J.M., Saharsa in connection with B.K.P. P.S.
Case No.294 of 2025, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
Checking your session…