Amawas Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47915 of 2026 Arising Out of PS. Case No.-258 Year-2025 Thana- EKMA District- Saran ====================================================== Amawas Rai S/O Late Shiv Balam Rai R/O Village- Sinduwar, P.S.- Ekma, Dist.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Raj, Adv.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Ekma P.S. Case No. 258 of 2025 lodged on 02.07.2025, for the offence punishable under Sections 126(2), 115(2), 118(1), 303(2), 352, 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against 8 named accused persons including the present petitioner. It has been alleged by the informant that due to dispute between children, the petitioner and other accused persons started assaulting the informant and thereafter, co-accused Shyam Babu Rai and Ram Babu Rai caught hold of the informant, while accused Lal Babu Rai has inflicted farsa blow on the head of the
Patna High Court CR. MISC. No.47915 of 2026(2) dt.22-07-2026 2/3 informant, due to which, he sustained cut injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the alleged date of occurrence is 12.05.2025, but the FIR has been lodged after a delay of about 50 days i.e. on 02.07.2025. Counsel submits that both the parties are resident of the same village and the accused person against whom there is direct allegation, has been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 19.05.2026 passed in Cr. Misc. No. 34461 of 2026. He further submits that the petitioner has clean antecedent and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that the accused person against whom there is direct allegation, has been granted anticipatory bail by the Co-ordinate Bench of this Court.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial
Patna High Court CR. MISC. No.47915 of 2026(2) dt.22-07-2026 3/3 Magistrate, Saran at Chapra, in connection with Ekma P.S. Case No. 258 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J) Divyansh/- U T