Patna High Court
Sanjeet RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Sanjeet Rai, sought anticipatory bail after being implicated in a case (Dighwara P.S. Case No. 35 of 2025) involving alleged offences under several sections of the B.N.S., including assault, robbery, and causing injury. The prosecution alleged that he ran over the informant's nephew with a tractor lacking a number plate and later participated in a violent raid on the informant's house, looting cash and gold. The petitioner contested the allegations, citing the injury report which, in his view, did not substantiate the charges, and highlighted that other accused had already been granted anticipatory bail and that he has a clean criminal record. The State opposed the bail. Considering the lack of criminal antecedent and the evidentiary doubts raised, the court exercised its inherent powers under Section 482(2) of the B.N.S. and granted anticipatory bail, subject to a bond of Rs. 10,000 with two sureties and a four‑week validity period.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences
- Whether the injury report undermines the prosecution's case against the petitioner
- Whether the court can exercise its inherent powers under Section 482(2) of the B.N.S. to grant anticipatory bail
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- clean antecedent
- assault
- robbery
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90274 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Sanjeet Rai S/o Lallan Rai Resident of Basti Jalal Sitalpur, P.S.- Dighwara,
District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sharma, Adv.
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Dighwara P.S. Case No. 35 of 2025 dated 09.02.2025
registered for the offence punishable under Section/s 126(2),
115(2), 118(1), 117(2), 118(2), 74, 303(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner while
driving the tractor without number plate pushed the Informant
and ran over her Nevari. It is further alleged that after sometime,
all the accused persons including the petitioner, various armed
with lathi, rod and pistol, came at the house of the Informant
and assaulted her and also looted cash of Rs. 33,040/- and gold
Patna High Court CR. MISC. No.90274 of 2025(2) dt.15-01-2026
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ornaments.
4. Learned counsel for the petitioner, by taking this Court
to the injury report, as contained in Annexure-2, submits that the
injury, which is said to have been caused to the Informant, does
not support the allegation which is levelled against the
petitioner, while all other similarly situated persons, against
whom there is general and omnibus allegations, have been
extended the privilege of anticipatory bail from the court of
Principal District and Sessions Judge, Chapra. It is further
submitted that the petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Regard being had to the submissions made by the
parties and the petitioner having no criminal antecedent, this
Court is inclined to grant anticipatory bail to the petitioner.
7. In view of the aforesaid facts and circumstances of the
case, let the petitioner, above named, be released on anticipatory
bail in the event of his arrest or surrender before the court below
within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate, Saran at Chapra in connection with
Patna High Court CR. MISC. No.90274 of 2025(2) dt.15-01-2026
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Dighwara P.S. Case No. 35 of 2025, subject to the condition as
laid down under Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
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