Sharban Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18964 of 2026 Arising Out of PS. Case No.-358 Year-2025 Thana- MOKAMAH District- Patna ====================================================== 1.

Sharban Rai S/o Bhuneshwar Rai 2.

Sanni Kumar @ Sanideo Kumar S/o Bhuneshwar Rai 3.

Subhash Kumar S/o Bhuneshwar Rai 4.

Ram Murti Rai S/o Bhuneshwar Rai 5.

Babaji @ Indrajit Kumar S/o Tuneshwar Rai 6.

Sumit Kumar S/o Tuneshwar Rai 7.

Kailash Rai S/o Bakil Rai 8.

Harikant Kumar S/o Tuneshwar Rai 9.

Mani Kumar @ Nagmani Kumar S/o Bhuneshwar Rai All are R/o Village - Kanhaipur, P.S - Mokama, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-04-2026 Heard Mr. Ashok Kumar Kashyap, learned counsel appearing on behalf of the petitioners and Mr. Binod Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Mokama P.S. Case No. 358 of 2025 registered for the offence(s) punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(3), 109(1), 118(2), 352, 351(2) (3) of the BNS and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the accused

Patna High Court CR. MISC. No.18964 of 2026(2) dt.08-04-2026 2/3 persons, total 18 in numbers, including the petitioners had assaulted the informant and his brother with an intention to kill, causing injuries.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and there is no specific overt act against the petitioners and the allegation against the petitioners is general and omnibus.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard the rival submissions made on behalf of the parties, as well as, from bare perusal of the FIR, it appears that all the accused persons had assaulted the informant and his brother and the allegation being not specific against any of the petitioners that they are the persons, who had assaulted either to the informant or his brother, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.18964 of 2026(2) dt.08-04-2026 3/3 amount each to the satisfaction of learned ACJM-III, Barh, Patna / Concerned Court in connection with Mokama P.S. Case No. 358 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T