Vinod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40024 of 2025 Arising Out of PS. Case No.-97 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Vinod Rai S/O Baleshwar Rai R/O Vill.- Saidabad, P.s.- Raghopur, Dist.- Vaishali.

2.

Manoj Kumar @ Manoj Rai S/O Baleshwar Rai R/O Vill.- Saidabad, P.s.- Raghopur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioner apprehends their arrest in connection with Raghopur P.S. Case No. 97 of 2024 instituted for the offences under Sections 341, 323, 324, 325, 354(B), 379, 504, 506, 34 of the Indian Penal Code and, later on, added Section 307 of the Indian Penal Code.

3.

As per prosecution case, on the alleged day of occurrence, the accused persons including the petitioners entered into the Informant's house and assaulted the Informant and his brother by means of farsa, iron rods and lathi. It is also alleged that the accused persons also caught hold of the

Patna High Court CR. MISC. No.40024 of 2025(2) dt.27-06-2025 2/3 Informant's niece Mamta Kumari, aged about 14 years of age, and tried to press her neck. They also tore her clothes leaving her disrobed. It is also alleged that Baleshwar Rai and Mahesh Rai also removed gold-silver jewellery items and cash amounting Rs. 17,000/-.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case due to land dispute between the parties. The petitioners have not committed any offence as alleged in the F.I.R. The present case is a counter-blast of Raghopur P.S. Case No. 82 of 2024 lodged against the present Informant and others. The petitioners have not committed alleged offence. Learned counsel for the petitioners submits that there is no direct or specific allegation of any overt act against the petitioners rather the same is general and omnibus in nature. Specific allegation is against co-accused, namely, Bhallu Rai. Both the parties are Gotiya. The petitioners have one criminal antecedent each in which both of them are on bail. Other co-accused have been granted bail by this Court vide order dated 09-04-2025, passed in Cr. Misc. No. 19621 of 2024.

5.

On the other hand, learned A.P.P. for the State has

Patna High Court CR. MISC. No.40024 of 2025(2) dt.27-06-2025 3/3 vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 97 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T