Patna High Court
Kanchan Rai @ Kanchan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed; the petitioner is to be released on bail subject to the stipulated conditions.
Summary
The petitioner, Kanchan Rai, feared arrest in connection with PS Case No. 218 of 2025, which was instituted under Sections 191(2), 126(2), 115(2), 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita. The informant filed a supplementary affidavit stating that the dispute between the parties had been settled. The petitioner applied to the Patna High Court for bail, invoking Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The court considered the settlement and the nature of the offences and held that bail could be granted. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions laid down in Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether the settlement of the dispute between the parties justifies the grant of bail in a case involving offences under the Bharatiya Nyaya Sanhita
- Whether bail can be granted under Section 438(2) of the CrPC and Section 482 of the BNSS despite the pending charges
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 126, 191, 351, 352
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- bail
- settlement
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- preventive bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88371 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Kanchan Rai @ Kanchan Kumar S/o Ram Shankar Rai R/o Village- Rampur
Shyamchand, P.S- Raghopur, Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh, Advocate
For the State : Mr.Suman Kumari Singh, APP
For the Informant : Mr. Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection
with Raghopur P.S. Case No. 218 of 2025 instituted under
Sections 191(2), 126(2), 115(2), 109, 351(2) and 352 of the
Bharatiya Nyaya Sanhita.
3. From the supplementary affidavit filed by the
informant, it appears that the occurrence has taken place
between the parties and now the parties have settled their
dispute.
4. Considering the aforesaid facts, this application is
allowed.
5. Accordingly, in the event of arrest or surrender
Patna High Court CR. MISC. No.88371 of 2025(3) dt.26-02-2026
2/2
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, XV, Vaishali at Hajipur/ concerned
Court in connection with Raghopur P.S. Case No. 218 of 2025,
subject to the conditions laid down in Section 482 of the BNSS/
438(2) of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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