Patna High Court – Orders
Shubhnath Rai vs The State Of Bihar on 17 April, 2026
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21024 of 2026
Arising Out of PS. Case No.-268 Year-2021 Thana- GOPALPUR District- Gopalganj
======================================================
Shubhnath Rai S/o Late Jagdish Rai Resident of Village- Ahirauli Dubauli,
P.S.- Gopalpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Pandey, Adv
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 147, 148,
149, 323, 324, 302, 307, 448, 354(B), 504, 506 of the IPC.
3. The case of the prosecution is that the petitioner,
along with others, assaulted the family members of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that, after investigation, the police submitted a final
form in favour of the petitioner. However, the learned
Magistrate, differing from the final form, took cognizance. The
said cognizance order was challenged by the petitioner and
Patna High Court CR. MISC. No.21024 of 2026(2) dt.17-04-2026
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others, which was subsequently set aside by the learned
ADJ/divisional court.
5. During trial, the petitioner and others were
summoned vide order dated 23.11.2024 passed under Section
358 of the BNSS. Learned counsel further submits that, upon
perusal of the FIR, the only allegation against the petitioner is
that he assaulted the family members of the informant with a
lathi. There is no allegation against the petitioner of assaulting
the deceased. It is further submitted that there is no injury report
of the persons allegedly assaulted by the petitioner. It is also
submitted that similarly situated co-accused persons have been
granted anticipatory bail by a learned co-ordinate Bench of this
Court vide Cr. Misc. No. 64330 of 2025, and the case of the
present petitioner stands on similar footing. The petitioner has
two criminal antecedents and is languishing in judicial custody
since 02.02.2026.
6. Learned counsel for the informant submits that the
anticipatory bail of the petitioner has already been rejected up to
the Supreme Court and that the case pertains to the year 2021. It
is, therefore, submitted that the petitioner may be directed to
remain physically present before the trial court on the date of
framing of charges.
Patna High Court CR. MISC. No.21024 of 2026(2) dt.17-04-2026
3/3
6. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Gopalpur P.S. Case No. 268 of 2021 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned ADJ-IX, Gopalganj.
(Ashok Kumar Pandey, J)
niku/-
U T
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