Devendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40100 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== Amrendra Rai @ Amarendra Rai S/o Rajendra Rai Resident of VillageBakhari, Police Station- Kalyanpur, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, A.P.P.
Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in Kalyanpur P.S. Case No. 93 of 2025 for the offence punishable under Sections 191(2), 191(3), 109, 103(1), 351(2) and 352 of the B.N.S. and section 27 of the Arms Act.
3. As per the prosecution story, on the alleged date and time of the occurrence, all the FIR named accused persons including this petitioner came to the door of the informant and abused him. It is alleged that accused persons called informant's son and when he came out, petitioner and co-accused Ashok Yadav caught hold of him. Thereafter, co-accused Chotu Yadav assaulted with iron rod. Meanwhile, co-accused Jagarnath Rai having dagger in his hand pierced in the stomach as a result of which intestine came out and informant's son died instantly.
Patna High Court CR. MISC. No.40100 of 2025(3) dt.12-09-2025 2/3 Further allegation is that Harendra Rai, bodyguard of Jagarnath Rai opened fire though no injury takes place. Firing is also attributed to co-accused Rajendra Rai and co-accused Devendra Rai. Dispute is related with PACS election and the accused wanted to show their dominance.
4. Learned counsel appearing for the petitioner submits that the accusation of stabbing the deceased is against co-accused Jagarnath Rai and petitioner is only alleged to have caught hold of the deceased. No overt act has been alleged against him. Petitioner claims clean antecedent. Charge sheet has already been filed. Co-accused, with similar allegation, has already been allowed regular bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 56812 of 2025. Petitioner is in custody since 16.3.2025.
5. Learned counsel for the State and the informant vehemently oppose the prayer for bail.
6. Considering the nature of accusation and period of custody of the petitioner, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 12th, Motihari, East
Patna High Court CR. MISC. No.40100 of 2025(3) dt.12-09-2025 3/3 Champaran in Kalyanpur Police Station Case No. 93 of 2025. (Prabhat Kumar Singh, J) Shashi U T