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Patna High Court

Bijuli RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Petitioner Bijuli Rai was arrested in connection with a case alleging assault under multiple sections of the B.N.S. He applied for anticipatory bail, arguing his innocence, a simple injury to the victim, and the existence of a case‑counter‑case. The State opposed the bail. The court, noting the minor nature of the injury and the dispute between the parties, allowed the anticipatory bail application, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the alleged assault and the existence of a case‑counter‑case.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • simple injury
  • case and counter case
  • Section 438
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88586 of 2025
                  Arising Out of PS. Case No.-60 Year-2025 Thana- MAHUAWA District- East Champaran
                 ======================================================
                 Bijuli Rai S/O Jokhan Rai R/O Vill.- Koraiya, P.O- Adapur, Koraia, Dist- East
                 Champaran, Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Harishankar Raj, Advocate
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Mahuawa P.S. Case No. 60 of 2025 registered

                   for the offence under Sections 126(2), 127(2), 115(2), 118(1),

                   117(2), 76, 109, 303, 352, 329(4), 324(2), 3(5) of B.N.S.

                                   3.     As per the prosecution case, petitioner is

                   accused of assaulting the victim with lathi, kick and fist.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that the injury

                   sustained by the victim is simple in nature. It is lastly submitted

                   that there is case and counter case between the parties.

                   Petitioner has clean antecedent.
              Patna High Court CR. MISC. No.88586 of 2025(3) dt.27-02-2026
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                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the submissions advanced on behalf

                        of the parties and the fact that the injury sustained by the victim

                        is simple in nature and also there is case and counter case

                        between the parties, this application is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned Additional

                        Sessions Judge- XIV, Motihari, East Champaran/ concerned

                        Court below in connection with Mahuawa P.S. Case No. 60 of

                        2025, subject to the conditions laid down in Section 438(2) of

                        the Code of Criminal Procedure, 1973 / Section 482 of the

                        BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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