Shivjee Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49256 of 2025 Arising Out of PS. Case No.-413 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.

Shivjee Rai S/o- Ram Pravesh Rai Resident of Village- Pahleza Shahpur Diyara PS- Sonpur District- Saran 2.

Deepak Kumar @ Nitish Kumar S/o- Shivjee Rai Resident of VillagePahleza Shahpur Diyara PS- Sonpur District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sonpur P.S. Case No. 413 of 2025 dated 01.05.2025 registered for the offences punishable u/ss 126(2), 115(2), 109, 118(2), 352, 351(2)(3) read with section 3(5) of the BNS.

3. As per the prosecution case, the petitioners and the coaccused persons armed with various weapons are alleged to have assaulted the informant and his family members.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.49256 of 2025(2) dt.18-08-2025 2/2 case. There is case and counter case between the parties. There is an altercation took place between the parties and both parties sustained injuries. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 30.07.2025 passed in Cr. Misc. No. 47950 of 2025. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioner are in custody since 03.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the informant's brother sustained grievous injury.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Sonpur P.S. Case No. 413 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T