Patna High Court
Hasan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, Hasan Rai, Mainuddin Rai and Kaimul Rai, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. for alleged assault on an informant and his family on 28 September 2025. They contended they have clean records, were falsely implicated, and highlighted a three‑day delay in filing the FIR and inconsistencies in the injury report, which suggested injuries were caused by a blunt object rather than a knife. The State opposed the bail but could not refute the petitioners' claim regarding the nature of the injuries. The court examined the submissions, the delay in FIR registration, and the lack of clear motive disclosed in the FIR. It held that anticipatory bail should be granted, subject to bond and surety conditions, and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. The petitioners were released on anticipatory bail with stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the allegations under the B.N.S. sections.
- Whether the three‑day delay in filing the FIR and the lack of disclosed motive affect the grant of bail.
- Whether the injury report undermines the prosecution's case and supports the claim of false implication.
Legislation cited
- B.N.S. — s. 115(2), 118(2), 126(2), 303(2), 351(2), 352
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- false implication
- FIR delay
- assault
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86932 of 2025
Arising Out of PS. Case No.-189 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
1. Hasan Rai Son of Late Kashish Rai Resident of Village - Hariharpur P.S -
Yadopur Dist - Gopalganj
2. Mainuddin Rai son of Late Kashish Rai Resident of Village - Hariharpur P.S
- Yadopur Dist - Gopalganj
3. Kaimul Rai son of Late Kashish Rai Resident of Village - Hariharpur P.S -
Yadopur Dist - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
For the Informant : Mr. Lokesh Kumar Singh, Advocate
Mr. Umang Mohan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-03-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 303(2), 118(2), 303(2), 351(2) and 352 of the BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 28.09.2025 at 07:00 a.m. the named accused
persons including the petitioners were abusing the wife of his
brother and on protest Hasan assaulted him by knife causing
injury on nose, thereafter, Mainuddin assaulted him by lathi
Patna High Court CR. MISC. No.86932 of 2025(3) dt.13-03-2026
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causing injury on head and Kaimul assaulted him by lathi
causing fracture of his finger and all accused thereafter
assaulted him and his wife and Shabnam snatched chain of his
brother’s wife.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in the
instant case by the informant. It is further submitted that the date
of occurrence is 28.09.2025 and the FIR came to be instituted
on 01.10.2025 i.e. after a delay of three days without any
plausible explanation. It is next submitted that the dispute is
regarding partition of money as such the informant in the FIR
did not disclose the reason for the occurrence. It is also
submitted that no doubt, it is alleged that informant was
assaulted on nose by knife but then from perusal of the injury
report, it would manifest that the injury has been opined to be
simple caused by hard and blunt substance. It is also submitted
that petitioners are not criminals.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposed the prayer for
anticipatory bail of the petitioners but then are not in a position
to rebut the submission of the learned counsel appearing on
behalf of the petitioners that the injury suffered by the injured
Patna High Court CR. MISC. No.86932 of 2025(3) dt.13-03-2026
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has been opined to be simple caused by hard and blunt
susbtance.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in
connection with Yadopur P.S. Case No. 189 of 2025 PTN No.
5051 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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