Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45704 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- Garahara District- Begusarai ====================================================== Pankaj Rai, Male, age about 50 years, Son of Late Munna Rai, Resident of Village- Kiul, P.S.- Garhara, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Garhara P.S. Case No. 35 of 2025 instituted for the offences punishable under Sections 126(2), 115(2), 329(3), 303(2), 109, 351(2) and 352 of the BNS.

3. As per allegation in the FIR, the accused persons including the petitioner abused and assaulted the informant with iron rod on his head causing injury and bleeding with an intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.45704 of 2025(3) dt.03-09-2025 2/3 falsely been implicated in this case due to dirty village politics. He submits that there is no allegation of any repeated blow upon the informant. He further submits that there is one injury found which is simple in nature. He next submits that both the parties entered into a compromise and a compromise petition has been filed which is on record. Petitioner is in custody since 10.05.2025.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Principal Sessions Judge, Begusarai dated 16.06.2025, it appears that only one injury has been found on the head of the informant, which is simple in nature. It also appears that both the parties have amicably settle the matter and entered into a compromise and a compromise petition has already been filed, before the learned Judicial Magistrate-1st Class, Begusarai and a certify copy is on record, so considering all these aspects of the matter, I am inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned

Patna High Court CR. MISC. No.45704 of 2025(3) dt.03-09-2025 3/3 Judicial Magistrate-1st, Class, Begusarai in connection with Garhara P.S. Case No. 35 of 2025.

(Ramesh Chand Malviya, J) Anand Kr.

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