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Patna High CourtCR. MISC./46038/2025allowed

Munarik Rai v. The State Of Bihar

2025-08-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46038 of 2025 Arising Out of PS. Case No.-443 Year-2024 Thana- MANER District- Patna ====================================================== 1.

Munarik Rai S/o Late Vakil Rai @ Late Vakil R/o Vill.- Dost Nagar Ply Factory, PS- Maner, Distt.- Patna 2.

Dwarika Rai @ Dwarika Yadav @ Dwarik Rai S/o Late Vakil Rai @ Late Vakil R/o Vill.- Dost Nagar Ply Factory, PS- Maner, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Maner P.S. Case No. 443 of 2024 instituted for the offence under Sections 341, 323, 324, 307, 379, 448, 380, 504, 354 and 506/34 of the Indian Penal Code (in short 'IPC').

3. The case of the prosecution is that the petitioner no. 1 (Munarik Rai) assaulted with iron rod on the head of the informant due to which he got unconscious. When his brother Mukesh Rai came to rescue, he was assaulted by petitioner no. 2 (Dwarika Rai) by means of gadasa due to which he received

Patna High Court CR. MISC. No.46038 of 2025(2) dt.04-08-2025 2/3 bleeding head injury.

4. Learned counsel for the petitioners has submitted that the occurrence is of 29.06.2024 and the case has been filed on 09.07.2024. There is unexplained delay in lodging of the FIR. It has also been submitted that there is a counter version of this case which was filed on 05.07.2024 and it has been submitted that in that case the mother of Munarik Rai died due to the injuries sustained by her. The petitioners are men of clean antecedent.

5. Learned APP for the State has conceded to the argument of learned counsel for the petitioners that there is unexplained delay and counter case.

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 petitioners on bail. The petitioners are directed to surrender in the court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Maner P.S. Case No. 443 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Danapur, Patna, subject to the

Patna High Court CR. MISC. No.46038 of 2025(2) dt.04-08-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T