Nageshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18930 of 2026 Arising Out of PS. Case No.-605 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Nageshwar Rai S/o Late Chandeshwar Rai R/o Village- Balgaraha, P.SMufassil, Distt.- Saran. 2.

Makeshwar Rai S/o Chandeshwar Rai R/o Village- Balgaraha, P.S- Mufassil, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Chapra Mufassil P.S. Case No. 605 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352 and 3(5) of the BNS.

3. As per the allegation made in the F.I.R., the petitioners with a common intention to kill the informant and his family members assaulted on the different parts of the body causing injury, even on the vital part of the body.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. The parties are gotiya

Patna High Court CR. MISC. No.18930 of 2026(4) dt.15-07-2026 2/3 and for trivial dispute, they indulged into fierce fight causing injury to both sides. There is case and counter case between the parties. The petitioners have clean antecedent.

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

6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the F.I.R. and the case diary, I find that though the witnesses have supported the prosecution case, but the record reveals that the injury sustained by the victim is simple in nature, there is case and counter case between the parties and the petitioners in their self defence may have caused some injury without any intention, prima facie, it appears that the petitioners have 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 Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chhapra in connection with Mufassil P.S. Case No. 605 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2)

Patna High Court CR. MISC. No.18930 of 2026(4) dt.15-07-2026 3/3 BNSS.

8. The 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 Para-3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T