Patna High Court
Bateshwar Rai @ Bateshwar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Bateshwar Rai was arrested in connection with an assault on an informant and his family, resulting in the informant's father's death, under multiple offences of the Bharatiya Nyaya Sanhita. The petitioner claimed the dispute arose from a land conflict, asserted a clean antecedent, and had been in custody since 12 June 2025. He applied for regular bail, while the State and the informant opposed the relief. The court examined the seriousness of the charges, the petitioner’s clean record, and the length of custody. Finding no compelling reason to deny bail, the court ordered his release on a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether regular bail should be granted to the petitioner despite the gravity of the offences under the Bharatiya Nyaya Sanhita
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 329(3), 351(2), 351(3), 352, 74
Subjects
- regular bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89852 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- AKILPUR District- Saran
======================================================
Bateshwar Rai @ Bateshwar Ray S/O Bhikhari Rai Resident of village- Naya
Panapur, P.S.- Akilpur, District- Saran at chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P.
For the Informant : Mr. Manish Chandra Gandhi,
Mr. Himanshu Ranjan, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Akilpur P. S. Case No. 66 of 2025 in a case registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 109, 103(1), 303(2), 74, 329(3), 352, 351(2),
351(3) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the 12 named, including this
petitioner and 8-10 unknown persons assaulted informant and
his family members resulting in death of the father of informant
and severe injuries to other family members.
4. Learned counsel for the petitioner submits that both
parties are gotiyas and due to land dispute, altercation took
Patna High Court CR. MISC. No.89852 of 2025(2) dt.12-02-2026
2/2
place between them in which both sides inflicted injuries on
each other. Allegation of assault is general and omnibus.
Petitioner claims clean antecedent and is in custody since
12.06.2025.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to 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 Chief Judicial Magistrate, Saran at Chapra in
connection with Akilpur P. S. Case No. 66 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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