Shiv Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53651 of 2025 Arising Out of PS. Case No.-1282 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Shiv Shankar Rai S/o Ramchandra Ray Resident of Hasanpur Osti, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Eashita Raj- Advocate Mr. Anuj Kumar- Advocate For the Opposite Party/s :

Ms. Rina Sinha- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118(1), 109, 351, 352, 76, 303(2) of the B.N.S.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that accused persons came and on orders of the petitioner, accused Chandan assaulted her husband by sword causing injury on neck and head. Further, petitioner assaulted Rahul by sword causing injury on finger and Shashikant dashed the informant on ground and disrobed her. Further, Punam snatched 7500/- from the pocket of her husband.

Patna High Court CR. MISC. No.53651 of 2025(2) dt.20-08-2025 2/3

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR., it would manifest that the thrust of the allegation is against Chandan, who is alleged to have assaulted the husband of the informant on head and neck and he got seven stitches. It is next submitted that the order impugned does not record about the injury of Rahul. It is next submitted that even presuming what has been alleged against the petitioner to be true without admitting, then the assault on Rahul is not on vital part of the body and petitioner is not a criminal.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Mahua P. S. Case No.1282 of 2024,

Patna High Court CR. MISC. No.53651 of 2025(2) dt.20-08-2025 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T