Uttam Kumar Rai @ Uttam Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17469 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.
Uttam Kumar Rai @ Uttam Kumar Yadav Son of Bindeshwar Rai Resident of Udamarekha, P.S. - Muffasil, District - Katihar 2.
Ajay Kumar Singh @ Ajay Singh Son of Shiv Charan Singh Resident of Udamarekha, P.S. - Muffasil, District - Katihar 3.
Sanni Kumar @ Sanni Deval Son of Raju Rai Resident of Udamarekha, P.S. - Muffasil, District - Katihar 4.
Raju Rai Son of Late Ramanand Rai Resident of Udamarekha, P.S. - Muffasil, District - Katihar 5.
Bindeshwari Yadav @ Bindeshwar Rai Son of Late Ramanand Rai Resident of Udamarekha, P.S. - Muffasil, District - Katihar 6.
Nanku Paswan @ Rajesh Paswan Son of Jai Mangal Paswan Resident of Udamarekha, P.S. - Muffasil, District - Katihar 7.
Jai Prakash Paswan Son of Jalandhar Paswan Resident of Udamarekha, P.S. - Muffasil, District - Katihar ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr. Sanjeev Kumar Singh, Advocate For the State :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-04-2025 At the outset, learned counsel for the petitioners submits that the petitioner no.4, Raju Rai, Son of Late Ramanand Rai, has already been arrested. Hence, he is seeking permission to withdraw the petition on behalf of petitioner no.4, Raju Rai.
2. Prayer is accepted.
3. Office is directed to delete the name of the
2/4 petitioner no.4, Raju Rai from the array of petitioners.
4. Heard learned counsel for the petitioners and learned APP for the State.
5. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Muffasil PS. Case No.215 of 2024 Dated-12.09.2024 registered for the offences punishable under Sections 126(2), 127(2), 115(2), 121(1), 132, 223, 140(3), 324(1)(3)(5), 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
6. As per allegation, the accused persons including the petitioner damaged the vehicle involved in a motor accident and they also looted some articles from the vehicles.
7. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, one motorcyclist was dashed by the vehicle (load container) and all of a sudden many villagers assembled in protest and demanded compensation to the victim of the motor accident. Moreover, they also demanded the police that until the compensation is granted to the victim, the vehicle causing accident resulting into death of the victim, should not be allowed to go.
8. It is also stated in paragraph no. 2 of the bail
3/4 petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
9. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
10. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
11. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named except the petitioner no.4, Raju Rai, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Concerned Court below, in connection with Muffasil PS. Case No.215 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of
4/4 the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T