Patna High Court
Rohit RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner under Section 482(2) of the BNSS.
Summary
The petitioner, Rohit Raj, was implicated in a Bodhgaya police case alleging assault with a shard-edged weapon causing injuries, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, asserting that a prior personal dispute led to his false implication. The State opposed his request for anticipatory bail. The Court examined the facts and the applicability of Section 482(2) of the BNSS, which empowers the High Court to grant bail to prevent arrest in such circumstances. Considering the circumstances, the Court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions prescribed under the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2)(3), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88648 of 2025
Arising Out of PS. Case No.-425 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
Rohit Raj Son of Late Manoj Yadav @ Manoj Kumar Resident of village -
Kolhaura, P.S.- Bodhgaya, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Singh
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
For the informant : Mr. Mrigendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bodhgaya P.S. Case No. 425 of 2025 registered for offences
under Sections 115(2), 126(2), 117(2), 109, 303(2), 352, 351(2)
(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner along
with other accused persons assaulted the informant and his
brothers by shard edged weapon (gadasa) causing injury on
their head.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner has not done anything but
Patna High Court CR. MISC. No.88648 of 2025(2) dt.15-01-2026
2/2
because of earlier dispute, the petitioner has been implicated in
the present case.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Gaya/concerned court below in connection with
Bodhgaya P.S. Case No. 425 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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