Jawahir Rai @ Jawahar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39810 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Jawahir Rai @ Jawahar Rai Son of Late Mohit Rai Resident of village Chanderaman Mahuawa P.S Chhauradano District East Champaran 2.

Rakesh Rai @ Rakesh Kumar Son of Late Mohit Rai Resident of village Chanderaman Mahuawa P.S Chhauradano District East Champaran 3.

Nitesh Kumar Son of Nagendera Rai Resident of village Mathiya Bhopat P.S Lakhaura, District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State

2. The petitioners apprehend their arrest in connection with Chhauradano (Mahuawa) P.S Case No. 120 of 2024 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 337, 338, 307, 504, 506 of Indian Penal Code.

3. As per the prosecution case, it is alleged that petitioners have assaulted the informant and looted money from her shop.

4. Learned counsel for the petitioners submits that petitioners have been falsely been implicated in this case. It is next submitted that petitioners no. 1 has got one criminal antecedent while petitioner nos. 2 and 3 have got no criminal

Patna High Court CR. MISC. No.39810 of 2025(2) dt.25-06-2025 2/2 antecedent as stated in para 3 of the bail petition.

5. Learned counsel for the State opposes the prayer for bail of the petitioners.

6. From perusal of the F.I.R., impugned order and materials available on record it appears that after investigation Investigating Officer found the case untrue against all the petitioners and accordingly, submitted final report as not sent up against the petitioners but the learned Magistrate deferred the opinion of the investigating officer.

7. Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioners, let the above named petitioners be released on bail in the event of their arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M 1st Class, Sadar, Motihari, East Champaran in connection with Chhauradano (Mahuawa) P.S Case No. 120 of 2024 subject to the condition laid down under Section 482 of BNSS.

(Ramesh Chand Malviya, J) Mayank/- U T