Patna High Court
Bijuli RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
2/2
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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