Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10560 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Dinesh Rai S/o Late Dharichan Rai R/o village- Katkuiya. P.S.- Chiraiya. District- East Champaran 2.

Manoj Rai S/O Ramanand @ Ramanand Rai R/o village- Katkuiya. P.S.- Chiraiya. District- East Champaran 3.

Akhilesh Rai S/O Mohan Rai R/o village- Katkuiya. P.S.- Chiraiya. DistrictEast Champaran 4.

Mukhtar Yadav S/O Late Devnand Rai R/o village- Katkuiya. P.S.- Chiraiya. District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar Ii, Adv For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chiraiya P.S. Case No. 456 of 2024 for the offences punishable under Sections 109 and 3(5) of the B.N.S.

3. As per the prosecution case, on 10.11.2024 at about 7:45 P.M., son of the Manoj Rai (petitioner) threw crackers on the body of the son of the co-accused Pravesh Rai. It is further alleged that the Pravesh Rai and other co-accused persons

Patna High Court CR. MISC. No.10560 of 2025(4) dt.20-08-2025 2/3 arrived there and started assaulting Manoj Rai (petitioner), in the meantime, the co-accused Sanjay Rai fired upon the informant by pistol due to which she sustained injury on her thigh and became unconscious.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that both the parties are neighbour and there is case and counter case between them. It is next submitted that there is no specific allegation against the petitioners rather the specific allegation of firing is against coaccused Sanjay Rai.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that no specific overt act has been alleged against the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, East Champaran at Motihari, in connection with Chiraiya P.S. Case

Patna High Court CR. MISC. No.10560 of 2025(4) dt.20-08-2025 3/3 No. 456 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, (Anil Kumar Sinha, J) Jyoti/- U T