Patna High Court
Shankar RaiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to petitioners 1 and 2 and denied to petitioner 3.
Summary
The petitioners, Shankar Rai, Dilip Rai and Sikandar Rai, filed an anticipatory bail application in connection with Parsauni P.S. Case No. 143 of 2025, which involved offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that petitioners 1 and 2 were the order givers, with no allegation of assault against them, while petitioner 3 was accused of assaulting an informant causing grievous injury. The Patna High Court rejected the anticipatory bail for petitioner 3, directing him to surrender within four weeks and seek regular bail, while allowing anticipatory bail for petitioners 1 and 2 upon furnishing bail bonds and sureties. The court emphasized that the lower court should not be prejudiced and must decide petitioner 3's case on its merits. The application was therefore partly allowed.
Issues considered
- Whether anticipatory bail can be granted to petitioners 1 and 2 despite the pending charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether anticipatory bail should be denied to petitioner 3 on the basis of alleged assault causing grievous injury.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita, 2023, governs the conditions for granting anticipatory bail in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- Section 482(2)
- assault
- order givers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90847 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- PARSAUNI District- Sitamarhi
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1. Shankar Rai S/o Late Gopi Rai R/o Village - Parsurampur Tole Kharbani,
P.S - Parsauni, District - Sitamarhi
2. Dilip Rai @ Dilip Kumar S/o Shankar Rai R/o Village - Parsurampur Tole
Kharbani, P.S - Parsauni, District - Sitamarhi
3. Sikandar Rai S/o Late Gopi Rai R/o Village - Parsurampur Tole Kharbani,
P.S - Parsauni, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
For the informant ; Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Parsauni P.S. Case No. 143 of 2025 registered for offences
under Sections 126(2), 115(2), 117(2), 109, 352, 351(3), 303(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners no. 1
and 2 are the order givers. There is no allegation of assault
against the petitioners no. 1 and 2. The petitioner no. 3 is said to
have assaulted the informant causing grievous injury.
4. Considering the allegations levelled against the
petitioner no. 3, his prayer for anticipatory bail is rejected.
5. He is directed to surrender in the court below
Patna High Court CR. MISC. No.90847 of 2025(2) dt.28-01-2026
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within a period of four weeks from today and seek regular bail,
if so advised, failing which the Superintendent of Police,
Sitamarhi will take all steps for the arrest of the petitioner.
6. It is, however, made clear that the Court below
shall not be prejudiced by this order and shall decide the case of
the petitioner no. 3 on its merits.
7. So far as the petitioners no. 1 and 2 are concerned,
considering the allegations levelled against them, their prayer
for anticipatory bail stands allowed.
8. Accordingly, let the petitioner nos. 1 and 2, above-
named, in the event of arrest or surrender within four weeks
from today in the Court below, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned Judicial Magistrate, 1st Class, Sitamarhi/concerned
Court below in connection with Parsauni P.S. Case No. 143 of
2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
9. In view of the above, this application is partly
allowed.
(Sandeep Kumar, J)
Shishir/-
U T
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