Vikash Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27851 of 2025 Arising Out of PS. Case No.-472 Year-2021 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Vikash Kumar Rai S/o Vishwanath Rai R/o Village- Gadhi Mohanpur, P.S.- Patori (Mohanpur O.P.), Dist.- Samastipur 2.

Nitish Kumar Rai @ Nitish Kumar @ Rakesh Kumar Rai S/o Vishwanath Rai R/o Village- Gadhi Mohanpur, P.S.- Patori (Mohanpur O.P.), Dist.- Samastipur 3.

Vishwanath Rai, S/o Yogendra Rai R/o Village- Gadhi Mohanpur, P.S.- Patori (Mohanpur O.P.), Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Patori (Mohanpur O.P.) P.S. Case No. 472 of 2021 instituted under Sections 447, 341, 323, 325, 307, 379, 504, 34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence F.I.R. named accused persons including the petitioners armed with weapons came and started cutting Janera in the field of informant. When the informant, his brother and his son objected the same, the accused persons assaulted them causing injury to them. It is further alleged that the injured were

Patna High Court CR. MISC. No.27851 of 2025(2) dt.21-05-2025 2/2 treated at PMCH, Patna.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Both sides are agnates and there is land dispute between the parties. There is inordinate delay in filing the F.I.R. He further submits that petitioners have no criminal antecedents. They undertake to cooperate in the investigation.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-I, Patori, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case No. 472 of 2021, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J.) rakhi U T