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Patna High Court

Rohit RajversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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