Nandkishore Rai @ Nandkishore Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Nandkishore Rai @ Nandkishore Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail granted: petitioner to be released by the learned District Court, in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000 with two sureties of the like amount each before learned J.M.-Ist, East Champaran at Motihari, subject to Section 438(2) Cr.P.C. conditions and verification of criminal antecedents.

Issue for consideration

Whether Nandkishore Rai @ Nandkishore Ray, who apprehends arrest in Rajepur P.S. Case No. 76 of 2024 (registered under Sections 341, 323, 325, 307, 504, 506, 34, 354(B) IPC), has made out a prima facie case for release on pre-arrest (anticipatory) bail despite opposition from the State.

Court's answer

Considering the rival submissions and the fact that a trivial issue (a goat grazing crops) led to the fight, in which the petitioner may have caused some injuries on the persons of the informant in self-defence, the petitioner has prima facie made out a case to be released on pre-arrest bail.

Ratio / Principle

The learned District Court is directed to release the petitioner on anticipatory bail in the event of his arrest or surrender before it within four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of learned J.M.-Ist, East Champaran at Motihari, subject to the conditions under Section 438(2) Cr.P.C.

Key takeaways

The grant is conditional: the learned District Court must verify the criminal antecedents of the petitioner as stated in paragraph no. 3 of the bail application, and if any other case is found pending against him as stated therein, this order will lose its force automatically.ratio¶24

Detailed headnote1 paragraphs

Anticipatory Bail — Granted. Patna High Court (Justice Purnendu Singh, oral order dated 12-02-2025, CR. MISC. No.3820 of 2025) allowed the pre-arrest bail prayer of Nandkishore Rai @ Nandkishore Ray, who apprehended arrest in Rajepur P.S. Case No. 76 of 2024, East Champaran, registered under Sections 341, 323, 325, 307, 504, 506, 34, 354(B) IPC. The episode arose from a goat grazing crops, leading to a fierce fight and cross-filings (first FIR lodged by the petitioner's side), with injuries on both sides. Holding that a trivial issue triggered the fight and any injuries were caused by the petitioner in self-defence, the Court found he had prima facie made out a case for pre-arrest bail despite the APP's opposition. Release is to occur through the learned District Court within four weeks, on a bail bond of Rs. 10,000 with two like-amount sureties before J.M.-Ist, East Champaran at Motihari, subject to Section 438(2) Cr.P.C. conditions; the Court further directed verification of the petitioner's criminal antecedents, with the order lapsing automatically if any other case is found pending as stated in paragraph 3 of the bail application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3820 of 2025

Arising Out of PS. Case No.-76 Year-2024 Thana- RAJEPUR District- East Champaran

======================================================

Nandkishore Rai @ Nandkishore Ray, son of Narsingh Rai R/O- VillageBhagwatiya, P.S.- Rajepur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Anupam Raj, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 12-02-2025

Heard Mr. Anupam Raj, learned counsel appearing

on behalf of the petitioner and Mr. Lalan Kumar, learned APP appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 76 of 2024 registered under Section(s) 341, 323, 325, 307, 504, 506, 34, 354(B) of the Indian Penal Code.

As per the allegation made in the FIR, unclaimed goat was grazing the crops of the petitioner, which led to the fierce fight between the parties and filing of the case and the counter case between them.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. It is admitted by the parties

Patna High Court CR. MISC. No.3820 of 2025(2) dt.12-02-2025 2/3

that the goat of the informant’s side was grazing the crop of the petitioner, which led to the fierce fight, in which both the petitioner’s side, as well as, the informant’s side sustained injuries. First FIR has been lodged by the petitioner’s side. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the rival submissions made on behalf of the parties, as well as, the fact that due to a trivial issue the petitioner, in his self-defence, may have caused some injuries on the persons of the informant, I am of the opinion that petitioner has, prima facie , made out a case to be released on pre-arrest bail.

The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of the like amount each, to the satisfaction of learned J.M.-Ist, East Champaran at Motihari in connection with Rajepur P.S. Case No. 76 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.3820 of 2025(2) dt.12-02-2025 3/3

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.)

Ashishsingh/-

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