Vishwajeet Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38056 of 2026 Arising Out of PS. Case No.-190 Year-2024 Thana- DARBHANGA RAIL P.S. DistrictSamastipur ====================================================== Vishwajeet Kumar Rai Son of Kankan Rai R/o At present New Market Bochha Karnpura South, P.S.- Bochha, Distt.- Muzaffarpur Permanent Address- Village- Kanti Kaswa, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand For the State :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 303(2), 121(1), 121(2), 132, 352, 351(1), 351(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 08.12.2024 at around 1.50 P.M., the informant was on duty at Laheriasarai Railway Station and stopped one woman and three men for ticket checking, but they refused to show the ticket and abused and assaulted him with the help of another accused and snatched his bag containing
2/4 Rs.100/- and Rail Cash of Rs.410/- along with Identity etc. On alarm, people gathered and two accused were apprehended while other fled and the informant was taken to DMCH, since he suffered multiple injuries over his head, mouth, nose, ears, thigh and bag which resulted in bleeding.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner is not named in the FIR. It is next submitted that it does not appear probable that accused persons would have assaulted the informant brutally only for the reason that they were not having tickets. It is submitted that had the accused were ticket-less travellers, in that event, efforts would have been made to flee from the place of occurrence and not to assault, as such, it is submitted that the reason assigned for the occurrence does not appear to be probable. It is next submitted that Sudha Kumari, who is a Constable posted in S.S.P., Darbhanga was arrested along with Ashish, her son and Chhotu, her nephew based on video footage, but then, she was left on personal bond. It is next submitted that on 08.12.2024, Sudha Kumari along with her son, nephew and minor daughter were at the railway station and her daughter went some steps away and in the meantime, a
3/4 railway employee started misbehaving with the minor on account of which, a scuffle broke out, in which even passengers got involved and thrashed the employee, who acted inappropriately with the minor, the employee was the informant. It is thus submitted that at the outset, it was submitted that it does not appear probable that ticket-less travellers would have assaulted in the manner as alleged in the FIR. It is next submitted that since informant misbehaved with the minor, as such, the occurrence took place and Sudha Kumari also instituted Darbhanga (G.R.P.) P. S. Case No.191 of 2024 dated 08.12.2024 against the informant.
It is further submitted that petitioner is not related with Sudha Kumari, nor is named in the FIR and was a passenger on the date of occurrence and when ruckus was created, he out of inquisitiveness also reached the place of occurrence and came to know that informant had misbehaved with the minor girl. It is next submitted that petitioner was not seen assaulting the informant in the CCTV footage. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
4/4
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Darbhanga Rail (G.R.P.S.) P. S. Case No.190 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T