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Patna High Court

Kishun Rai @ Kishan RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S.

Summary

Kishun Rai sought anticipatory bail after being named in FIR No. 264/2025 for alleged assault on an informant using an iron rod, resulting in a simple head injury. The petitioner claimed innocence, citing a three‑day delay in filing the FIR, contradictory statements by the informant, and a counter‑case filed by his wife. The State opposed bail, arguing that the petitioner was specifically accused of assault. The court noted the injury was minor, the FIR delay unexplained, and the prosecution story inconsistent, and therefore granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2). The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite the allegations of assault.
  • Whether the alleged offences under Sections 126(2), 115(2), 110, 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023 constitute a ground to deny anticipatory bail.
  • Whether the delay in filing the FIR and contradictory statements affect the merit of the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • FIR delay
  • Section 482
  • simple injury
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9550 of 2026
                       Arising Out of PS. Case No.-264 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Kishun Rai @ Kishan Rai Son of Nandlal Rai R/o Village - Narayanpur, P.S.-
                 Piprahi, District - Sheohar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Renu Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Piprahi P.S. Case No. 264 of 2025 registered

                   for the offences punishable under Sections 126(2), 115(2),

                   110, 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023.

                                3. As per prosecution case, petitioner and others

                   were abusing Keshav Kumar (informant’s brother) and when

                   the informant reached, they started abusing him also. When

                   the same was protested by the informant, all accused persons

                   started assaulting and they made an attempt to break the hand

                   of informant’s brother. It is alleged that petitioner assaulted

                   the informant by means of an iron rod but when the informant
Patna High Court CR. MISC. No.9550 of 2026(2) dt.26-02-2026
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          tried to avert the blow, he sustained head injury.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence as alleged

          in the F.I.R. and he has falsely been implicated in this case.

          He further submits that there is case and counter case between

          the parties on the same date of occurrence. It is submitted that

          though the alleged occurrence took place on 10.12.2025, the

          F.I.R. has been lodged on 13.12.2025 after a delay of three

          days, which has not been plausibly explained and the same

          casts doubt upon the authenticity of the prosecution case. It is

          further submitted that there are two sets of story with regard

          to the same occurrence, one lodged by the wife of the

          petitioner vide Piprahi P.S. Case No.279 of 2025 and the other

          by the informant vide Piprahi P.S. Case No. 264 of 2025 and

          the manner in which the present F.I.R. has been instituted

          suppresses the occurrence of the petitioner’s side as narrated

          by the wife of the petitioner. Learned counsel submits that the

          prosecution story is self-contradictory inasmuch as at one

          place the informant claims to have escaped from the assault

          and at another place he alleges that he sustained injuries. It is

          further submitted that the petitioner and the informant are co-

          villagers and the alleged occurrence took place on account of
Patna High Court CR. MISC. No.9550 of 2026(2) dt.26-02-2026
                                            3/4




          dispute regarding non-payment of loan which was given by

          the informant on earlier occasion. It is submitted that from

          perusal of the impugned order, it is evident that the injury

          sustained by the injured is simple in nature. Petitioner bears

          one criminal antecedent in which he is already on bail. In the

          light of the aforesaid facts and circumstances of the case, no

          offence as alleged in the FIR is made out against the

          petitioner.

                       5. The learned A.P.P. for the State opposes the

          prayer for anticipatory bail of the petitioner by submitting that

          the petitioner is F.I.R. named accused and specific allegation

          of assault has been made against him.

                       6. Considering the facts and circumstances of the

          case, injury sustained by the informant is simple in nature,

          argument advanced on behalf of both sides and also taking

          into consideration the material available on record, the

          petitioner above-named, in the event of his arrest or surrender

          before the learned court below within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bond of Rs. 10,000/- (rupees ten thousand) with two sureties

          of the like amount each to the satisfaction of learned J.M.F.C.,
            Patna High Court CR. MISC. No.9550 of 2026(2) dt.26-02-2026
                                                        4/4




                      Sheohar in connection with Piprahi P.S. Case No. 264 of

                      2025, subject to the conditions as laid down under Section

                      482(2) of B.N.S.S.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)

Nilmani/-

U      T


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