Patna High Court
Nagendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond with two sureties.
Summary
The petitioner, Nagendra Rai, was arrested in connection with an assault case (Fakuli P.S. Case No. 35 of 2025) under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging grievous injuries to the informant's parents and the subsequent death of the father. He contended that he was falsely implicated, that the allegations were vague, and highlighted his lack of prior criminal record and seven months of custody. The State opposed bail, but the court noted the general nature of the FIR, the death of the informant’s father, the anticipatory bail already granted to a co‑accused, and the petitioner’s cooperation. Considering these factors, the court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Judicial Magistrate of Muzaffarpur.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner despite serious charges and the death of the informant's father?
- Do the general and omnibus allegations in the FIR justify denial of bail?
- Does the anticipatory bail granted to a co‑accused affect the petitioner's bail application?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 115(2), 118(1), 126(2), 303(2), 3(5)
Subjects
- regular bail
- anticipatory bail
- assault
- grievous injury
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89356 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- Fakuli District- Muzaffarpur
======================================================
Nagendra Rai S/o Indradeo Rai @ Indrev Rai R/o Village -Bhagwanpur, P.S -
Fakuli, District - Muzaffarpur also residing at Village- Bahadurpur, P.S -
Goraul, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Fakuli P.S. Case no. 35
of 2025 registered under sections 126(2), 115(2), 118(1), 303(2),
105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, as a result of the
assault by the four named accused persons including the
petitioner herein, it is stated by the informant that his mother
and father sustained grievous injuries.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The allegations are
general and omnibus in nature. The case of the petitioner stands on a
better footing than that of co-accused Indradeo Rai who has been
Patna High Court CR. MISC. No.89356 of 2025(3) dt.24-02-2026
2/2
enlarged on anticipatory bail vide order dated 3.12.2025 passed in Cr.
Misc. no. 78216 of 2025. The petitioner is in custody since 26.7.2025
and undertakes to cooperate in the trial. He has no criminal
antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR being general and omnibus in nature, the death of the
father of the informant having taken place nine days later in
course of treatment, grant of anticipatory bail to co-accused
Indradeo Rai vide order dated 3.12.2025, the petitioner being in
custody for about seven months since 26.7.2025 and
chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Fakuli P.S.
Case no. 35 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class (West),
Muzaffarpur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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