Ramchandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39290 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Ramchandra Rai Son of Mangani Rai Resident of Village- Gola Pakariya, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Lakhaura P.S. Case No. 47 of 2024 dated 10.05.2024 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 307, 354B, 379, 504 and 506 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was added.

3. As per the prosecution case, the petitioner and the co-accused persons along with other unknown persons armed with various weapons came at the door of the informant and started abusing for not settling the case. On being objected by the informant, the petitioner Ramchandra Rai on the exhortation

Patna High Court CR. MISC. No.39290 of 2025(2) dt.22-08-2025 2/3 of Ram Narayan Rai, assaulted the informant on his head with iron rod with intention to kill due to which he sustained injury on his left hand finger and back. The informant's cousin came to rescue him, the petitioner and the co-accused persons assaulted him with iron rod causing injury. It is further alleged that the informant's bhabhi came to rescue, the accused person assaulted her and outraged her modesty. The co-accused, Mahwa Devi snatched gold chain worth Rs. 50,000/- from the neck of Rima Devi and the co-accused, Lalsa Devi snatched the gold Mangalsutra worth of Rs. 15,000/- from the neck of Kunti Devi. The co-accused, Maina Devi assaulted Suresh Ram with lathi due to which he received injury on his head and he fell down on the ground. Thereafter, the injured were taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. There is case and counter case between the parties. It is further submitted that there is no specific allegation against the petitioner rather the specific allegation of assault is against the co-accused, Maina Devi who

Patna High Court CR. MISC. No.39290 of 2025(2) dt.22-08-2025 3/3 assaulted on the head of Suresh Rai with lathi. The petitioner has no criminal antecedent as stated in para 3 of the anticipatory bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner by submitting that there is specific allegation against the petitioner of assaulting the informant with iron rod on his head.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within a period of six weeks from the date of this order and the prayer for regular bail, the learned Court below may consider his prayer for regular bail in accordance with law and on its own merit without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T