Vijendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54271 of 2025 Arising Out of PS. Case No.-226 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Vijendra Rai S/O Jainandan Rai R/O Village- Teraseya, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-08-2025 Heard Mr.Anirudh Kumar Sinha, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Ganga Bridge P.S.Case No.226 of 2023,FIR dated 12.10.2023 registered for the offences punishable under Sections 302/34 of IPC.

3. According to prosecution case, the petitioner alongwith other co-accused persons have assaulted the informant and his son with sharp cutting weapons.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not

2/4 committed any offence as alleged in the FIR. From a bare perusal of the FIR it appears that there is specific allegation of assault attributed against co-accused persons and the police, after investigation, submitted final form in favour of the petitioner but the learned court below, in a mechanical manner, has taken cognizance against the petitioner and other co-accused persons vide order dated 08.10.2024 and other similarly situated co-accused persons namely, Vidhya Rai and Prem Rai have been granted privilege of anticipatory bail by this Court vide order dated 08.05.2025 passed in Cr. Misc. No.20097 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent, the police, after investigation, submitted final form in favour of the petitioner but the learned court below, in a mechanical manner, has taken cognizance against the petitioner and other co-accused persons and other similarly situated co-accused persons namely, Vidhya Rai and Prem Rai have been granted privilege of anticipatory bail by this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of

3/4 thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Ganga Bridge P.S.Case No.226 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T