Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22858 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Mahesh Rai S/O Ram Udesh Rai R/O Village- Chakarman, P.S- Patori, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Shahpur Patori P.S. Case No. 390 of 2024, registered for the offence punishable under Sections 103(1), 3(5) of the B.N.S.

3. The case of the prosecution, in short, is that the informant namely Nathuni Rai alleged that on 09.10.2024, his son Sanjit Kumar, who was a pickup van driver went out for work and did not return. It is further alleged that on 10.10.2024 at about 10:30 P.M., the informant received information that dead body of his son was found inside the house of one Rinku Devi. It is further alleged in the FIR that Rinku Devi had called the deceased to her house and under a brief land conspiracy, she along with other co-accused including the petitioner had

Patna High Court CR. MISC. No.22858 of 2025(2) dt.06-05-2025 2/3 assaulted and killed Sanjit Kumar.

4. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in the present case due to village politics. He further submits that he has been named in the FIR simply on the basis of confessional statement of coaccused Rinku Devi. The petitioner further submits that his antecedents are clean and therefore, he deserves to be granted privilege of anticipatory bail.

5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.

6. Considering the aforesaid facts and circumstances of the present case as also the fact that the petitioner has clean antecedent which he has stated by way of supplementary affidavit and also given the fact that there is no direct allegation against him and he has been named in the FIR on the basis of statement made by co-asscused Rinku Devi. This Court is thus inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.22858 of 2025(2) dt.06-05-2025 3/3 Magistrate-1st Class, Samastipur in connection with Shahpur Patori P.S. Case No. 390 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Alok Kumar Sinha, J) kiran/- U T