Jawahir Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46434 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- MASHRAK District- Saran ====================================================== Jawahir Rai S/o Late Ramdahin Rai R/o Village- Serukaha, PS- Mashrakh, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mashrakh P.S. Case No. 10 of 2025 instituted for the offence under Sections 126(2), 115(2), 118(1), 352, 351(2), 303(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case, in short, is that on 10.01.2025 at around 3:00 PM, due to a prior dispute, the accused persons armed with weapons attacked the informant and his son at their doorstep. The informant was beaten and his son Vinit Rai was grievously injured by sharp and blunt weapons. It is further

Patna High Court CR. MISC. No.46434 of 2025(2) dt.29-07-2025 2/3 alleged that Rs. 1500/- was also snatched.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-05-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. As per injury report, injury of the injured is found to be simple in nature. Parties are agnates and there is subsisting land dispute between the parties. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and injury of the injured being found to be simple in nature, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mashrakh

Patna High Court CR. MISC. No.46434 of 2025(2) dt.29-07-2025 3/3 P.S. Case No. 10 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T