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Patna High Court

Kanchan Rai @ Kanchan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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