Satendra Rai @ Satish Rai @ Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39886 of 2026 Arising Out of PS. Case No.-243 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== 1.
Satendra Rai @ Satish Rai @ Satish Kumar S/O Ashdeo Rai @ Aashadev Ray Resident Of Village - Jamalpur, P.s- Rustampur OP, Dist.- Vaishali At Hajipur 2.
Asharfi Rai Son of Late Tirpit Rai Resident Of Village - Jamalpur, P.sRustampur OP, Dist.- Vaishali At Hajipur 3.
Sujeet Rai @ Sujeet Kumar Son of Asharfi Rai Resident Of Village - Jamalpur, P.s- Rustampur OP, Dist.- Vaishali At Hajipur 4.
Vikash Kumar @ Vikash Rai Son of Asharfi Rai Resident Of Village - Jamalpur, P.s- Rustampur OP, Dist.- Vaishali At Hajipur 5.
Sanjeet Rai @ Sojeet Kumar Son of Late Radhe Rai Resident Of Village - Jamalpur, P.s- Rustampur OP, Dist.- Vaishali At Hajipur 6.
Chandan Rai @ Deepak Kumar Son of Late Pannalal Rai. Resident Of Village - Jamalpur, P.s- Rustampur OP, Dist.- Vaishali At Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachin Kumar For the Opposite Party/s :
Mr.Uday Pratap Singh- A.P.P.
Mr.Krishna Mohan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-06-2026
1. Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 115(2), 118(1), 352, 109 and 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioner nos.1, 5 and 6 have antecedent of two cases,
2/4 petitioner nos.2 and 4 have antecedent of three cases and petitioner no.3 is a person with clean antecedent and the informant alleges that accused persons including the petitioners came to his bathan on 15.05.2025 and objected regarding grazing of cattle in their field and Mangal Rai took his calf and thereafter Sujeet assaulted the informant by Hasua causing injury on nose.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that the date of occurrence is 15.05.2025 and the complaint case came to be instituted on 22.08.2025 i.e. three months after the occurrence and thereafter the instant FIR came to be instituted on 08.09.2025. It is thus submitted that delay in instituting the complaint case, casts an aspersion on the case of the prosecution. It is also submitted that wife of the present informant instituted Raghopur P. S. Case No. 209 of 2025 dated 30.07.2025 against the petitioners and others. It is thus submitted that had the occurrence as alleged in the instant FIR taken place on 15.05.2025, in that event, the wife of the informant would have brought the said fact also in Raghopur P. S. Case No. 209 of 2025, but then the same was not done which further casts an aspersion on the case of the prosecution.
3/4 It is also submitted that even allegation of assault is general and omnibus in nature, though petitioner no.3 is alleged to have assaulted the informant by Hasua causing injury on nose which has been opined to be grievous in nature, but then, it is submitted that the manner in which the case has been instituted casts an aspersion on the case of the prosecution and the delay appears to be fatal.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that wife of the informant had instituted Raghopur P. S. Case No.209 of 2025 dated 30.07.2025 against the petitioners and others but in that FIR there is no whisper about the occurrence committed on 15.05.2025.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court
4/4 where the case is pending/successor Court in connection with Raghopur P. S. Case No.243 of 2025, 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