Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38148 of 2026 Arising Out of PS. Case No.-340 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== 1.
Umesh Rai Son of Late Achhelal Rai Resident of Village- Tajpur Saraiya, Police Station- Rajepur, District- East Champaran at Motihari, 2.
Lalbabu Rai Son of Late Jadolal Rai Resident of Village- Tajpur Saraiya, Police Station- Rajepur, District- East Champaran at Motihari, 3.
Rambabu Rai Son of Late jadolal Rai Resident of Village- Tajpur Saraiya, Police Station- Rajepur, District- East Champaran at Motihari, 4.
Nandlal Rai Son of Late Dharikshan Rai Resident of Village- Tajpur Saraiya, Police Station- Rajepur, District- East Champaran at Motihari, 5.
Satya Narayan Rai Son of Late Dharikshan Rai Resident of Village- Tajpur Saraiya, Police Station- Rajepur, District- East Champaran at Motihari, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate :
Mr. Arvind Kumar Sinha, Advocate For the State :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-07-2026 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Rajepur P.S. Case No. 340 of 2025 registered for the offence under Sections 329(3), 329(4), 126(2), 115(2), 118(1), 110, 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., lodged on 12.12.2025 by the informant, Brahmdev Rai.
3. As per the prosecution story, the informant alleged that the accused persons named in the F.I.R. resorted to assault. Umes Rai pressed the neck with a towel while Lalbabu Rai and Rambabu Rai gave lathi blow on the body. Allegation against Sonelal is of assaulting the informant by farsa on the head
Patna High Court CR. MISC. No.38148 of 2026(3) dt.31-07-2026 2/3 causing serious injury. This led to the F.I.R.
4. Learned counsel for the petitioner submits that there is six days' delay in lodging the F.I.R., allegation is against Lalbabu, Rambabu and Nandlal and specific allegation is against Sonelal and he is in custody. So far as the assault by the petitioners are concerned, the injury has been found to be simple in nature.
5. Learned APP opposes the prayer submitting that the accused persons armed variously assaulted.
6. Taking into account the submissions of the parties as also the fact that the main role of giving grievous to the informant is on Sonelal, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, East Champaran at Motihari, in connection with Rajepur P.S. Case No. 340 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to
Patna High Court CR. MISC. No.38148 of 2026(3) dt.31-07-2026 3/3 show his/her bona fide;
(ii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(v) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T