Dularchandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44476 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- PUPRI District- Sitamarhi ====================================================== Dularchandra Rai S/O Diplal Rai R/O Village -Bhima Sasaula, PS -Pupri, District -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and Mr. Harendra Prasad, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pupari P.S. Case No. 59 of 2025 instituted for the offence under Section 126(2), 115, 352, 351(2), 118(1), 109, 3(5) of the B.N.S.

3. The case of the prosecution is that the petitioner, along with his son, being armed with an iron rod and lathi, arrived and started abusing the informant. When she objected, they assaulted Arjun Prasad with an iron rod on the head, due to which he received a bleeding head injury. After this, the petitioner was ordered to kill. It is further alleged that the accused persons badly assaulted the husband of the informant,

Patna High Court CR. MISC. No.44476 of 2025(2) dt.18-07-2025 2/3 and it is also alleged that the husband of the informant was seriously injured and 18 stitches were to be given in his head.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that there is also a counter-version of this case and in that case, the petitioner's parties have received injury as well. It has also been submitted that the nature of allegation is general and omnibus. It is further submitted that the main allegation against this petitioner is that he has instigated. There is no allegation of assault against him.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that the petitioner is having two criminal antecedents.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pupri P.S. Case No. 59 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44476 of 2025(2) dt.18-07-2025 3/3 satisfaction of learned S.D.J.M., Pupri, Sitamarhi, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T