Patna High Court
Anuj Rai @ Ajay Rai @ Anjay Rai @ Anuj @ Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court dismissed the first petitioner’s application as withdrawn and granted anticipatory bail to the second petitioner subject to statutory conditions.
Summary
The petitioners, Anuj Rai and Ashok Kumar, filed applications before the Patna High Court seeking bail. Anuj Rai requested permission to withdraw his regular bail application and to surrender within four weeks, which the court allowed and dismissed his application as withdrawn. Ashok Kumar, facing charges under multiple sections of the B.N.S. for assault with a pistol butt, sought anticipatory bail, claiming a clean antecedent and that the injury was minor. The State opposed the bail, but the court, noting the petitioner’s clean record and the nature of the injury, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023. The order also directed the lower court to verify the petitioner’s antecedent and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioner seeking regular bail may withdraw his application and surrender before the lower court.
- Whether anticipatory bail should be granted to the second petitioner despite the serious charges under the B.N.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 117, 118, 126(2), 189(2), 303(2), 351(2), 351(4), 352, 74
- B.N.S., 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- regular bail
- withdrawal of application
- Criminal Procedure Code
- B.N.S. sections
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89613 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
1. Anuj Rai @ Ajay Rai @ Anjay Rai @ Anuj @ Anuj Kumar S/O Munarik
Rai Resident of Village- Bahrampur, P.S- Raghopur, Rustampur O.P., Distt.-
Vaishali At Hajipur.
2. Ashok Kumar @ Ashok Rai @ Ashok Vyas S/O Raja Ram Rai Resident of
Village- Bahrampur, P.S- Raghopur, Rustampur O.P., Distt.- Vaishali At
Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachin Kumar, Advocate
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Sachin Kumar, learned counsel for the
petitioner and Mr. Nagendra Prasad, learned APP for the State.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw the application of
petitioner no. 1, namely, Anuj Rai @ Ajay Rai @ Anjay Rai @
Anuj @ Anuj Kumar with liberty to the petitioner no. 1 to
surrender before the learned Court below within a period of four
weeks from today and seeks regular bail.
3. Permission is accorded.
4. The application of petitioner no. 1 is dismissed as
withdrawn with the liberty that the petitioner no. 1, namely,
Anuj Rai @ Ajay Rai @ Anjay Rai @ Anuj @ Anuj Kumar
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surrenders and seeks regular bail before the learned Court
below, the same shall be considered and disposed of, on its own
merit, in accordance with law and without being prejudiced by
any observation in the present order.
5. The petitioner no. 2, namely, Ashok Kumar @
Ashok Rai @ Ashok Vyas is apprehending his arrest in
connection with Raghopur P.S. Case No. 215 of 2025, F.I.R.
dated 02.08.2025 registered for the offences punishable under
Sections 189(2), 126(2), 115(2), 117, 118, 109, 74, 303(2), 352,
351(2) and 351(4) of the B.N.S.
6. Allegation against the petitioner no. 2 is that he has
assaulted to the informant by means of pistol butt on her head
due to which he sustained injury.
7. Learned counsel for the petitioner no. 2 submits
that the petitioner no. 2 has clean antecedent and he has been
falsely implicated in the present case. He further submits that it
appears from the F.I.R. that due to some petty dispute the
present occurrence had taken place and there is case and counter
case between the parties. There is specific allegation against the
petitioner no. 2 that he has assaulted to the informant by means
of pistol butt on her head and she received injury but the injury
inflicted by the petitioner upon the informant is simple in nature
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caused by hard and blunt substance.
8. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner no. 2.
9. Considering the aforesaid facts that the petitioner
no. 2 having clean antecedent and injury inflicted by the
petitioner no. 2 upon the informant is simple in nature, let the
petitioner no. 2, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Vaishali at Hajipur in
connection with Raghopur P.S. Case No. 214 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with
other following conditions :-
(1) Petitioner no. 2 shall co-operate in the trial and
shall be properly represented on each and every date fixed by
the Court and shall remain physically present as directed by the
Court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the Court
below.
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(2) If the petitioner no. 2 tampers with the evidence
or the witness, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner no. 2 and in case
at any stage, it is found that the petitioner no. 2 has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner no. 2. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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