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Patna High Court

Bateshwar Rai @ Bateshwar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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