Ram Kailash Rai @ Kailash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21542 of 2026 Arising Out of PS. Case No.-342 Year-2025 Thana- PUPRI District- Sitamarhi ====================================================== 1.
Ram Kailash Rai @ Kailash Rai Son of Late Ram Charitra Rai Resident of Village- Balha Maksudan, P.S.- Pupri, Dist- Sitamarhi 2.
Ajeet Kumar @ Ajit Kumar Son of Govind Rai Resident of Village- Balha Maksudan, P.S.- Pupri, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2026 Heard Mr.Ashok Kumar Jha, learned counsel for the petitioners and the State through virtual mode.
2. The petitioners are apprehending arrest in connection with Pupri P.S. Case No. 342/2025 instituted under Sections 126(2), 115(2), 109, 127(2), 3(5) of the BNS Act lodged on 08.10.2025 by the informant, Santosh Kumar.
3. As per the prosecution story, the informant alleged that as he was sitting at his house, the accused persons came, surrounded him and after abuse, the assault. The allegation against Ajeet Kumar is of assaulting the informant while the petitioner no.01, Ram Kailash Rai assaulted Naresh Rai on his head. This led to the treatment/ FIR.
4. Learned counsel for the petitioners submit that there is case and counter case. Both sides have suffered and with the help of different Annexures has shown that the injury has
Patna High Court CR. MISC. No.21542 of 2026(3) dt.19-05-2026 2/3 been found to be simple in nature.
5. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that the allegation of assault is on both the petitioners.
6. Considering the submissions of the parties as also that there is case and counter case, the injuries are recorded as simple and they do not have criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Pupri P.S. Case No. 342/2025 to the satisfaction of learned SDJM, Pupri at Sitamarhi subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) The petitioners shall be appearing before the
Patna High Court CR. MISC. No.21542 of 2026(3) dt.19-05-2026 3/3 police station as and when required for cooperating in the investigation;
(iii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iv) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/S. Prasad U T