Patna High CourtCR. MISC./66137/2025bail granted

Raj Kumar Rai v. The State Of Bihar

2026-02-25Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66137 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Raj Kumar Rai S/o Dhurai Rai R/o vill- Imadpur, P.s- Baligaon, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66188 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Sanni Kumar @ Sunny Kumar S/o Raj Kumar Rai R/o vill- Imadpur, P.sBaligaon, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 66137 of 2025) For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem (In CRIMINAL MISCELLANEOUS No. 66188 of 2025) For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-02-2026

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Baligaon Police Station Case No. 155 of 2024, disclosing offences under Sections 126(2), 115(2), 118(1), 303, 109(1), 352 and 3(5) of the BNS, 2023.

3. As per the FIR, on 12.10.2024, all the accused persons including the petitioners, total six in numbers, entered into the house of the informant, started abusing, and when

Patna High Court CR. MISC. No.66137 of 2025(3) dt.25-02-2026 2/3 objected, the petitioner in Cr. Misc. No. 66137 of 2025, namely Raj Kumar Rai, assaulted the informant by means of Farsa, causing head injury, and petitioner in Cr. Misc. No. 66188 of 2025, namely Sanni Kumar, caught hold the hair of the informant and pulled her on the ground, due to which she was unrobed. It has further been alleged that when the husband of the informant arrived in order to save her, he was also assaulted by all the accused persons by lathi, bricks, etc.

4. Learned counsel for the petitioners submits that the petitioners are co-sharers and neighbors of the informant and there is a previous enmity between them. The specific allegation against the petitioner in Cr. Misc. No. 66137 of 2025, namely Raj Kumar Rai, is that he assaulted the informant by means of Farsa and the injury caused to the informant is simple in nature. The allegation against petitioner in Cr. Misc. No. 66188 of 2025, namely Sanni Kumar, is only that he pulled the informant down and the same is ornamental in nature. The allegation against the petitioners of assault of husband of the informant is general and omnibus in nature and there are altogether six accused persons.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that

Patna High Court CR. MISC. No.66137 of 2025(3) dt.25-02-2026 3/3 both the parties are co-sharers and neighbors, injury caused to the informant which is attributable to petitioner in Cr. Misc. No. 66137 of 2025, namely Raj Kumar Rai, is simple in nature and there is no specific allegation of assault against petitioner in Cr. Misc. No. 66188 of 2025, namely Sanni Kumar, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Judicial Magistrate, 1st Class, Vaishali at Hajipur, in connection with Baligaon Police Station Case No. 155 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T