Allowed¶21

Baidyanath Rai @ Machar Rai v. The State of Bihar

Bail – Regular bail granted

Patna HC23 Dec 2025CR. MISC./49948/2025

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Case brief

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What is this about?

Regular bail allowed; BNS Ss.126(2), 115, 109, 117, 351(2), 352, 3(5) and added S.103(1); Bhagwanpur P.S. Case No. 74 of 2025, Vaishali; specific assault allegation against co-accused Sudhir Kumar, allegations against petitioners general and omnibus; custody since 16.03.2025; charge-sheet filed; bail on Rs.25,000 bond each with two like-amount sureties; liberty to trial court to cancel bonds for delaying charge/trial.

What did the court decide?

Release of both petitioners on regular bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the learned Trial Court, in connection with Bhagwanpur P.S. Case No. 74 of 2025; trial court at liberty to cancel the bail bonds if the petitioners delay framing of charge or trial after release. ¶21

Baidyanath Rai @ Machar Rai Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who seek bail in a case registered under Sections 126(2), 115, 109, 117, 351(2), 352 and 3(5) of the BNS (with Section 103(1) BNS subsequently added), are entitled to be released on regular bail in connection with Bhagwanpur P.S. Case No. 74 of 2025.

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Court's answer

The petitioners are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Trial Court where the case is pending, in connection with Bhagwanpur P.S. Case No. 74 of 2025.

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Ratio / Principle

It is made clear that if the learned trial court concludes that the petitioners, after their release on bail, are trying to delay the framing of charge or, after framing of charge, are trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.

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Detailed headnote1 paragraphs

Bail — Regular bail granted — Patna High Court, Criminal Miscellaneous No.49948 of 2025, decided 23-12-2025 by Satyavrat Verma, J. — Petitioners Baidyanath Rai @ Machar Rai and Krishna Rai @ Kishan Kumar @ Krisha Rai sought bail in Bhagwanpur P.S. Case No. 74 of 2025 (District Vaishali), registered for offences under Sections 126(2), 115, 109, 117, 351(2), 352 and 3(5) of the BNS, with Section 103(1) of the BNS subsequently added. Counsel argued that the specific allegation of assault was against co-accused Sudhir Kumar and that the allegations against the petitioners were general and omnibus; the petitioners were in custody since 16.03.2025 and the charge-sheet had been submitted. The Court, considering the submissions, directed release of the petitioners on bail bonds of Rs.25,000/- each with two sureties of the like amount each, making clear that the trial court shall be at liberty to cancel the bail bonds if the petitioners, after release, try to delay the framing of charge or the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49948 of 2025

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Arising Out of PS. Case No.-74 Year-2025 Thana- BHAGWANPUR District- Vaishali

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

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Baidyanath Rai @ Machar Rai Son of Late Khamir Rai Resident of VillageRahsha West PS -Bhagwanpur, District-Vaishali

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Krishna Rai @ Kishan Kumar @ Krisha Rai Son of Baidyanath Rai @ Machar Rai Resident of Village- Rahsha West PS -Bhagwanpur, DistrictVaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 23-12-2025

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Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners seek bail in a case registered for the offences punishable under Sections 126(2), 115, 109, 117, 351(2), 352 and 3(5) of the BNS and subsequently Section 103(1) of the BNS was added.

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Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of one case and the informant alleges that Pradip Das was performing Puja in the temple while the accused persons including the petitioners were drinking in the premises of the temple and when Pradip Das objected, the accused persons assaulted him and when the informant came to save him

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Patna High Court CR. MISC. No.49948 of 2025(4) dt.23-12-2025 2/3

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Sudhir Kumar along with other accused persons assaulted the informant indiscriminately by rod on his head causing injury and fracture of hand. Further, when Mukesh and Shivshankar came to save them, they were also assaulted and threatened.

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Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assault is against Sudhir Kumar and as far as petitioners are concerned, the allegation against them of assaulting the deceased and the injured is general and omnibus in nature. It is further submitted that petitioners are in custody since 16.03.2025 and charge-sheet has already been submitted. It is next submitted that if the privilege of regular bail is granted, the petitioners will not abscond rather will cooperate in the trial to prove their innocence.

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Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

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Considering the submissions made by the learned counsel appearing on behalf of the petitioners, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection

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Patna High Court CR. MISC. No.49948 of 2025(4) dt.23-12-2025 3/3

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with Bhagwanpur P.S. Case No. 74 of 2025.

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It is made clear that if the learned trial court comes

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to a conclusion that petitioners, after their release on bail, are trying to delay the framing of charge or after framing of charge are trying to delay the trial of the case in any manner the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Baidyanath Rai @ Machar Rai v. The State of Bihar

Case brief

What is this about?

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Baidyanath Rai @ Machar Rai v. The State of Bihar

Case brief

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What the court decided

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