Nandkishore Rai @ Nandkishore Ray v. The State Of Bihar
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 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.
2. 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.
3. 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.
4. 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.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. 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.
7. 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/- U T