Raja Rai @ Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31652 of 2025 Arising Out of PS. Case No.-218 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== Raja Rai @ Raj Kumar Rai S/O Kamehwar Ray R/O Vill.- Baikunthawa, P.S.- Nautan, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Nitu Kumari, APP For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Motipur P.S. Case No. 218/2024 registered for the offences under Sections 323, 353, 224 and 34 of I.P.C.

3. As per the prosecution case, the police had gone to apprehend the petitioner who is non-FIR accused in Muzaffarpur Cyber P.S. Case No. 49/2024. The police after arresting the said Raja Rai (petitioner) and on his confession had subsequently moved on to arrest the other accused persons namely Prince Kumar, Raja Babu, Sumit Kumar and Pradeep Kumar. It is further alleged that the petitioner along with one Sumit Kumar taking advantage of attending the call of nature, had fled away.

Patna High Court CR. MISC. No.31652 of 2025(2) dt.19-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the case in which he was arrested and has been stated to have fled away from the clutches of the police. Learned counsel further submits that petitioner was not apprehended at the place of occurrence as alleged and in fact the petitioner was arrested in Gopalganj cyber P.S. Case No. 102/2024. It is lastly submitted that the petitioner has two criminal antecedents and is languishing in custody since 28.10.2024.

5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that petitioner carries two criminal cases of similar nature and in the present case he had fled from the custody of the police and hence, he should not be enlarged on bail.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st (West) Muzaffarpur in connection with Motipur P.S. Case No. 218/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be his

Patna High Court CR. MISC. No.31652 of 2025(2) dt.19-05-2025 3/3 close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the Court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T