Virendra Rai @ Bijendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54292 of 2025 Arising Out of PS. Case No.-273 Year-2025 Thana- SHASTRINAGAR District- Patna ====================================================== Virendra Rai @ Bijendra Kumar S/O Late Rajeshwar Prasad Singh R/O Vill.- Shekhpura Bagicha, Brahmasthani Gali, Raja Bazar, P.s.- Shashtri Nagar, P.O.- B.V. College, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Raj Kumar Rajesh, Advocate Mr. Samrendra Kumar Jha, Advocate Mr. Jeet Kishor Mahto, Advocate For the State :
Mr. Sanjay Kumar Singh, APP For the Informant :
Mr. Surya Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2025 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(1), 191(3), 190, 318(1), 117(2), 125, 109, 352 and 351(2) of the B.N.S..
3. As per prosecution case, it is alleged that on information that all the accused persons were raising boundary wall on the land of informant, when she reached the place of occurrence, all the F.I.R. named accused persons, including this petitioner and 2 to 3 unknown persons, assaulted
Patna High Court CR. MISC. No.54292 of 2025(2) dt.21-08-2025 2/3 her with bricks, stone and iron rod as a result of which she fell down on an asbestos and got electric shock.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Admittedly, there is land dispute between the parties due to which this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. As a matter of fact, one Sunil Kumar, who is running a tea shop on the land of this petitioner as a tenant lodged a case bearing Shastri Nagar P.S. Case No. 271 of 2025 against husband of informant and in retaliation, this false and concocted case has been lodged. In fact, it is the informant who in order to grab the land of petitioner lodged one after another false and concocted cases. Earlier, the petitioner has also lodged two cases bearing Shastri Nagar P.S. Case Nos. 75 of 2024 and 200 of 2025 against the informant.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, general and omnibus nature of accusation and case and counter-case between the parties, the prayer for grant of
Patna High Court CR. MISC. No.54292 of 2025(2) dt.21-08-2025 3/3 anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 A.C.J.M.-IX, Patna in connection with Shastri Nagar P.S. Case No. 273 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T