Patna High Court
CR. MISC./58829/2026 of NATHUNI RAI Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58829 of 2026 Arising Out of PS. Case No.-156 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1. Nathuni Rai S/O Nuja Rai R/V Rain Khrka, Ps- Runnisaidpur, Dist- Sitamarhi 2. Rakesh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58829 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ======================================================
1.
Nathuni Rai S/O Nuja Rai R/V Rain Khrka, Ps- Runnisaidpur, Dist- Sitamarhi
2.
Rakesh Kumar S/O Nathuni Rai R/V Rain Khrka, Ps- Runnisaidpur, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. M.K. Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
19-08-2026 Heard Mr. Pushpendra Kumar Singh, learned Advocate for the petitioner and Mr. M.K. Nirala, learned Additional Public Prosecutor for the State.
2. At the outset, confronting with the specific accusation levelled against the petitioner no. 2, the learned Advocate for the petitioners seeks permission to withdraw the application on his behalf.
3. The permission is accorded.
4. The petitioner no. 1 apprehends his arrest in connection with Runnisaidpur P.S. Case No. 156 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 352 & 3(5) of the BNS.
Patna High Court CR. MISC. No.58829 of 2026(2) dt.19-08-2026
5. The allegation against the petitioner no. 1 is of catching hold the informant’s grandson, whereupon co-accused Rakesh Kumar assaulted him by means of an iron rod, leading to grievous injuries; besides there is further allegation against other co-accused persons of causing assault to the informant’s grandson.
6. Learned Advocate for the petitioner no. 1 taking this Court through the FIR primarily contended that even if the allegation is taken to be true for the sake of argument that none of the injuries has been attributed to the petitioner no. 1. Moreover, the alleged occurrence took place in the evening of 07.04.2025, whereas for the first time, the fardbeyan of the informant was recorded on 10.04.2025; though he fairly submits that it was recorded at SKMCH, Muzzafarpur by the police personnel, the present FIR came to be instituted on 15.04.2025. The petitioner no. 1 is none-else but the father of the co-accused persons, namely Rakesh Kumar and Rajesh Kumar, who have actively participated in the crime and, as such, only with a view to put pressure upon them, the name of the petitioner has been implicated in this case. The petitioner though carries one criminal antecedent, but the same is in relation to excise matter and now he undertakes that he will fully cooperate in the Patna High Court CR. MISC. No.58829 of 2026(2) dt.19-08-2026
proceeding of the court.
7. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner has also actively participated in the crime.
8. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation levelled against the petitioner no. 1, besides none of the injuries have been attributed to him and the delay in lodging of the FIR, let the petitioner no. 1 above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal District & Sessions Judge, Sitamarhi in connection with Runnisaidpur P.S. Case No. 156 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
sumit/- (Harish Kumar, J) U T