Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35889 of 2025 Arising Out of PS. Case No.-210 Year-2016 Thana- KATORIYA District- Banka ====================================================== 1.

Suresh Rai Son of Thakur Rai Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka 2.

Triveni Thakur son of Udo Thakur Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka 3.

Aangrez Rai Son of Kamdeo Rai Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka 4.

Manju Rai @ Manoj Rai Son of Kamdeo Rai Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka 5.

Gulabi @ Gulo Rai son of Karu Rai Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka 6.

Nanku Rai @ Nankhu Rai son of Tipan Rai Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka 7.

Prabhu Rai @ Kumari Prabhu Kuar @ Rai Son of Suresh Rai Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka 8.

Dipal Rai @ Dipak Kumar Son of Nanku Rai @ Nankhu Rai Village -Bhaturaikura Inarawaran, PS -Katoriya District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Katoriya P.S. Case No.210 of 2016, registered for the offences punishable under Sections 341, 323, 325, 308, 504/34 of the IPC.

Patna High Court CR. MISC. No. 35889 of 2025(2) dt.18-06-2025 2/3

3. As per prosecution case, informant was constructing shop and it is alleged that petitioner no. 1 and other came and asked the informant not to construct the shop and also started abusing him and when same was protested by informant, petitioner no. 1 and other assaulted the informant by means of bricks, stone and iron rod as a result of which he sustained injury on hand. It is further alleged that petitioners and others entered into the house of the informant and assaulted informant's sister-in-law by means of lathi and danda and snatched her silver chain.

4. Learned counsel for the petitioner submits that there is no specific allegation any of the petitioners. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Learned counsel has stated in para 11 of the bail petition that all the injuries sustained by the injured are simple in nature. He further submits that petitioners have approached this court after cognizance was taken on 07.12.2019. Apart from that, Petitioners bear no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No. 35889 of 2025(2) dt.18-06-2025 3/3 case, keeping in view clean antecedent of petitioners, no specific allegation is attributed against any of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S. Case No.210 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T