Patna High Court
Mukesh Rai @ Mukesh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners under Section 482(2) of the BNSS.
Summary
The petitioners, a group of residents from Sital Bhakurahar, were named in FIR No.208/2025 for allegedly disrupting public work, assaulting officials and committing various offences under sections 191(2), 190, 126(2), 115(2), 324(2), 132, 352, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. They contended that the allegations were vague, that no specific accusation was made against them, and that they have a clean antecedent. The State opposed the bail application. The Court examined the petitioners’ clean record, the lack of particularised charges and the nature of the offences, and held that bail could be granted under Section 482(2) of the BNSS. Accordingly, the Court ordered bail on a bond of Rs 10,000 with two sureties, subject to surrender within eight weeks.
Issues considered
- Whether bail may be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious public‑order offences alleged in the FIR.
- Whether the petitioners’ clean antecedent and the absence of specific accusations justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- criminal miscellaneous
- public order offences
- BNSS
- Section 482
- clean antecedent
- FIR
- petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91821 of 2025
Arising Out of PS. Case No.-208 Year-2025 Thana- SARAI District- Vaishali
======================================================
1 . Mukesh Rai @ Mukesh Kumar Rai Son of Ram Shankar Rai Resident of
Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.
2. Rinku Devi Wife of Shivchandra Rai Resident of Village Sital Bhakurahar,
Police Station - Sarai, Dist. - Vaishali.
3. Ramanandan Rai Son of Ram Swarath @ Swarath Rai @ Sogarath Rai
Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.
4. Sachin Kumar Son of Ram Surath Rai @ Ram Surat Rai Resident of Village
Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.
5. Rohit Rai @ Rohit Kumar Son of Arvind Rai @ Arvind Kumar Resident of
Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.
6. Dilip Rai @ Dilip Kumar Son of Rambabu Rai Resident of Village Sital
Bhakurahar, Police Station - Sarai, Dist. - Vaishali.
7. Santosh Rai @ Santosh Kumar Son of Late Ram Bahadur Rai Resident of
Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.
8. Bhulla Rai @ Ramkishun Rai Son of Late Ramnandan Rai Resident of
Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.
9. Putul Kumari D/o Ram Das Rai R/o Village - Gomti, P.S. - Rajapakar, Dist. -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar , Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 191 ( 2 ),
190, 126 ( 2 ), 115 ( 2 ), 324 ( 2 ), 132, 352, 351 ( 2 ) and 3 (5)
Patna High Court CR. MISC. No.91821 of 2025(2) dt.20-01-2026
2/3
of BNS.
3 . As per F.I.R., informant alleged that even upon
the instruction of informant and other officials not to intervene
in public work , all the accused persons along with 10 – 13
others disrupted public work , pushed officials and also abused
them.
4. It is submitted on behalf of the petitioners that
petitioners are innocent and has committed no offence as
alleged. Allegation is general and omnibus against these
petitioners. No specific accusation is alleged against them. They
have got no concern with the alleged occurrence . Petitioners
claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the aforesaid facts, clean antecedent
of these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate Vaishali at Hajipur in connection with
Sarai P.S. Case No. 208 of 2025 , subject to the conditions laid
Patna High Court CR. MISC. No.91821 of 2025(2) dt.20-01-2026
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down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha
Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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