Patna High Court
Suresh Rai @ Suresh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to each petitioner subject to bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, five residents of Kishunpur, sought bail after being implicated in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and her family with weapons, outraging the modesty of the informant and her daughter, and stealing gold ornaments and cash. The prosecution alleged that the accused entered the informant's house armed and committed the offences, while the petitioners contended they were falsely implicated due to village politics and a prior family dispute, asserting no criminal antecedent and willingness to cooperate with investigation. The State and the informant opposed the bail application, arguing the seriousness of the charges. The court examined the facts, the nature of the alleged injuries, and the petitioners' lack of prior record, and applied the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. It ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions and surrender within six weeks. The order effectively granted bail pending further proceedings.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 109, 74, 303(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita.
- Whether the seriousness of the alleged offences and the risk of flight or tampering with evidence justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 191(3), 303(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- assault
- sexual assault
- theft
- political motive
- Indian criminal law
- Section 191
- Section 190
- Section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88051 of 2025
Arising Out of PS. Case No.-276 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
1. Suresh Rai @ Suresh Kumar Rai S/o- Yadolal Rai Resident of Kishunpur Ps-
Piprakothi District- East Champaran Bihar
2. Mukesh Kumar S/o- Ramprit Rai Resident of Kishunpur Ps- Piprakothi
District- East Champaran Bihar
3. Arun Rai S/o- Harendra Ray @ Harendra Rai Resident of Kishunpur Ps-
Piprakothi District- East Champaran Bihar
4. Ashok Rai S/o- Harendra Ray @ Harendra Rai Resident of Kishunpur Ps-
Piprakothi District- East Champaran Bihar
5. Yadolal @ Yadolal Rai S/o- Late Babu Ram Rai Resident of Kishunpur Ps-
Piprakothi District- East Champaran Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Abhishek Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(2), 109, 74, 303(2), 352 and 351(3) of Bharatiya Nyaya
Sanhita.
3. As per prosecution case, on the alleged date of
occurrence, all the F.I.R. named accused persons including the
petitioners having armed with lathi, danda, farsa and pistol
Patna High Court CR. MISC. No.88051 of 2025(2) dt.12-01-2026
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came at the house of the informant and assaulted the informant
and her family members due to which they sustained injuries. It
is further alleged that the accused persons outraged the modesty
of informant and her daughter and also snatched gold ornaments
and cash.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to ulterior motive and dirty village politics.
Further submission is that petitioners and informant are agnates
and due to previous dispute, scuffle took place between them in
which both sides sustained injuries. There is case and counter
case between the parties. The nature of the injury to the injured
is simple. Petitioners have no criminal antecedent. They
undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
and learned counsel for the informant opposed the bail
application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
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Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Motihari, East Champaran in connection with
Piprakothi P.S. Case No. 276 of 2025, subject to the conditions
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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