Kishori Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kishori Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail to petitioner nos. 2 and 4 in Chakia P.S. Case No. 380 of 2024: release on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC / Section 482 BNSS; application on behalf of petitioner nos. 1 and 3 permitted to be withdrawn.

Issue for consideration

Whether the petitioners, who apprehend arrest in Chakia P.S. Case No. 380 of 2024, are entitled to anticipatory bail.

Court's answer

At the prayer of learned counsel for the petitioners, the application filed on behalf of petitioner nos. 1 and 3 is permitted to be withdrawn.

Ratio / Principle

The application is partly allowed with regard to petitioner nos. 2 and 4.

Key takeaways

On arrest or surrender before the court below within four weeks, the petitioners are to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Motihari, East Champaran/concerned court below, subject to the conditions in Section 438(2) CrPC / Section 482 BNSS (operative for petitioner nos. 2 and 4 following the partial allowance).ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail (Section 438(2) CrPC / Section 482 BNSS) sought in Chakia P.S. Case No. 380 of 2024, Thana Chakia, District East Champaran, registered for offences under sections 126(2), 115(2), 118(1), 74, 303(2), 109, 352 and 3(5) of the BNS and sections 3 and 4 of the Bihar Dian Act. Held: (i) application on behalf of petitioner nos. 1 and 3 (alleged assault on the informant and family members causing injuries) permitted to be withdrawn at counsel's prayer; (ii) application partly allowed as to petitioner no. 2 (stated to have not assaulted anyone) and petitioner no. 4 (a girl of 21 years) — on arrest or surrender within four weeks, release on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Motihari, East Champaran/concerned court below, subject to the conditions laid down in Section 438(2) CrPC / Section 482 BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42254 of 2025

Arising Out of PS. Case No.-380 Year-2024 Thana- CHAKIA District- East Champaran

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

Kishori Rai S/o- Late Bhuchain Rai Village- Damu Tola .P.S-Chakia,DistrctEast Champaran

Anil Kumar @ Anil Rai S/o- Kishori Rai Village- Damu Tola .P.SChakia,Distrct-East Champaran

Umesh Rai S/o- Kishori Rai Village- Damu Tola .P.S-Chakia,Distrct-East Champaran

Anjali Kumari D/o- Umesh Rai Village- Damu Tola .P.S-Chakia,Distrct-East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Adv For the Opposite Party/s : Mr.Binod Kumar, APP For the Informant Mr. Sanjay Kumar Tiwari, Adv Mr. Mohan Kumar Tiwari, Adv Mr. Ujjwal Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 17-02-2026

Heard learned counsel for the petitioners and

learned APP for the State.

The petitioners apprehend their arrest in connection with Chakia P.S.Case No. 380 of 2024 registered for the offence under sections 126(2), 11592), 118(1), 74, 303(2), 109, 352, 3(5) of the BNS and section 3 and 4 of the Bihar Dian Act.

The petitioner no. 1 and 3 are said to have assaulted the informant and others family members causing injuries.

Learned cousnel for the petitioners at the very

Patna High Court CR. MISC. No.42254 of 2025(4) dt.17-02-2026 2/2

outset, prays for and is permitted to withdraw this application filed on behalf of petitioner nos. 1 and 3.

So far as the petitioner no. 2 is concerned, he is said to have not assaulted to anyone. Petitioner no. 4 is a girl of 21 years.

Learned counsel for the State has opposed the bail application of the petitioners.

Considering the aforesaid facts, this application is partly allowed with regard to petitioner nos. 2 and 4.

Let the petitioners, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, 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 the learned Chief Judicial Motihari, East Champaran/ concerned court below in connection with Chakia P.S.Case No. 380 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/ Section 482 of the BNSS.

(Sandeep Kumar, J)

N.K/-

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