Chandeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27361 of 2025 Arising Out of PS. Case No.-739 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Chandeshwar Rai S/o Late Harihar Rai R/o Village- Mustafapur, P.sAhujapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 447, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in brief, is that this petitioner along with other accused persons named in the F.I.R. assaulted the informant's son and her husband by means of lathi, danda and iron rod and as a result, both of them sustained injury and informant's son died during course of treatment at P.M.C.H., Patna.

4. Learned counsel for the petitioner submits that as per F.I.R., it was co-accused, Uday Rai and Bhutta Rai inflicted

Patna High Court CR. MISC. No.27361 of 2025(4) dt.09-07-2025 2/2 iron rod blow on head of the son of the informant. Petitioner is not alleged to be assailant of the deceased, he is only alleged to have caught hold of him along with Bindeshwar Rai. There is no specific allegation of assault against this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case and materials available on record, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 739 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) Neha/- U T