Sunil Rai @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18100 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Sunil Rai @ Sunil Kumar Son of Manoj Rai @ Ramprit yadav Resident of Village - Bakuliya, P.S. - Ghorasahan, District - East Champaran 2.
Pradip Rai @ Pradip Kumar Son of Manoj Rai @ Ramprit Yadav Resident of Village - Bakuliya, P.S. - Ghorasahan, District - East Champaran 3.
Dhanoj Rai @ Dhanoj Prasad Son of Teja Rai Resident of Village - Bakuliya, P.S. - Ghorasahan, District - East Champaran 4.
Sandip Rai @ Sandip Kumar Son of Dhanoj Rai Resident of Village - Bakuliya, P.S. - Ghorasahan, District - East Champaran 5.
Anutha Rai Son of Yodha Rai @ Jodha Rai Resident of Village - Bakuliya, P.S. - Ghorasahan, District - East Champaran 6.
Vikesh Kumar Son of Anutha Rai Resident of Village - Bakuliya, P.S. - Ghorasahan, District - East Champaran 7.
Bipindra Rai @ Bipedra Kumar Son of Mishri Rai Resident of Village - Bakuliya, P.S. - Ghorasahan, District - East Champaran ... ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 323, 307, 447, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of the occurrence, all the FIR named accused persons including these petitioners reached the house of the informant and started abusing her. It is further alleged that accused persons assaulted informant's husband and when she tried to save him, she also was assaulted. Petitioner no.1 assaulted on the leg of the informant with iron rod, whereas petitioner no.3 assaulted with iron rod on the head of the informant's husband.
Patna High Court CR. MISC. No.18100 of 2025(2) dt.10-04-2025 2/3
4. It is submitted on behalf of the petitioners that due to petty dispute, altercation took place between the parties. Present case is counter blast of Ghorasahan Police Station Case No. 233/2024 lodged earlier by Mukesh Prasad against informant's husband. Allegation of assault is general and omnibus and no specific overt act has been alleged against petitioners no. 2, 4, 5, 6 and 7, Though petitioner no.1 is alleged to have assaulted the informant on her leg, but there is no injury report in this regard. Petitioners no. 3 and 5 have got one criminal antecedent but rest of the petitioners claim clean antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. Considering the aforesaid facts of the case, prayer for bail of petitioners no. 1, 2, 4, 5, 6 and 7 is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged 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 Additional Chief Judicial Magistrate III, Sikrahana at Dhaka, Motihari, East Champaran in Ghorasahan Police Station Case No. 235 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
7. Considering the nature of injury caused by petitioner no.3 and his criminal antecedent, petition for his bail is rejected.
(Prabhat Kumar Singh, J) Shashi U T
Patna High Court CR. MISC. No.18100 of 2025(2) dt.10-04-2025 3/3