Sone Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48917 of 2026 Arising Out of PS. Case No.-416 Year-2026 Thana- MAHUA District- Vaishali ====================================================== 1.

Sone Lal Rai S/o Late Ram Vilash Rai R/o Village - Mahua Singh Rai East Tola, P.S. - Mahua, District - Vaishali.

2.

Ram Pravesh Rai S/o Late Nandlal Rai R/o Village - Mahua Singh Rai East Tola, P.S. - Mahua, District - Vaishali.

... ... Petitioners

Versus

The State of Bihar Biha ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mrs. Bela Singh For the Opposite Party :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 22-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application for anticipatory bail arises out of Mahua P.S. Case No. 416 of 2026, registered for the offence punishable under Sections 126(2), 127(2), 115(2), 303(2), 118(1), 76, 109, 352 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per allegation, petitioners were part of the unlawful assembly, which entered into the house of the informant and misbehaved with the female members of the house. It is further alleged that upon protest by the informant, petitioner No.1, Sone Lal Rai, assaulted by means of iron rod on the head of the informant, when the sons of the informant, Uday Shankar and Chandan came to his rescue, then co-accused Prem Nath Rai assaulted by means of farsa upon the head of Uday

Patna High Court CR. MISC. No.48917 of 2026(2) dt.22-07-2026 2/3 Shankar, while petitioner No.2, Ram Pravesh Rai, is alleged to have assaulted by means of butt of gun upon the eye of Chandan.

4. Learned counsel for the petitioners has submitted that the parties are agnates and there is a case and counter case between the parties. Referring to the impugned order, learned counsel for the petitioners has submitted that the injuries of informant Nagendra Rai and injured Uday Shankar are simple in nature. It has further been submitted that although petitioner No.1 is alleged to have assaulted by means of iron rod on the head of the informant, but the injuries have been opined to be simple in nature and there is no repetition of blow and as far as injuries sustained to injured Uday Shankar is concerned, the same has not been attributed to any of the petitioners. It has further been submitted that there is no injury report of injured Chandan on record and the allegation against the petitioner No.2 in that regard is false. It has further been submitted that there is land dispute between the parties and both are agnates and the parties have resorted to free fight between them. It has lastly been submitted that the petitioners have got no criminal antecedents.

5. Learned counsel for the State opposed the prayer

Patna High Court CR. MISC. No.48917 of 2026(2) dt.22-07-2026 3/3 of anticipatory bail of the petitioners.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances, let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 416 of 2026, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

8. This application is accordingly allowed.

(Praveen Kumar, J) Pawan/- U T