Arun Rai @ Arun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54570 of 2025 Arising Out of PS. Case No.-802 Year-2024 Thana- GARKHA District- Saran ====================================================== 1.

Arun Rai @ Arun Kumar Rai S/o Harendra Rai @ Harinu Rai R/o VillageTahal Tola, P.S.- Garkha, District- Saran at Chapra 2.

Golu Rai @ Golu Kumar S/o Harendra Rai @ Harinu Rai R/o Village- Tahal Tola, P.S.- Garkha, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 118(2), 109(1) and 132(4) of the BNS, 2023.

3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 has antecedent of three cases and the informant alleges that on 28.12.2024, a tractor driver was brutally assaulted for committing an accident, accordingly, the informant reached the place of occurrence, when named accused persons along with 50

Patna High Court CR. MISC. No.54570 of 2025(2) dt.27-08-2025 2/3 unidentified accused assaulted the police party causing injury to some policemen and also damaged the police vehicle.

4. Learned counsel for the petitioners submits that a villager on account of accident by the tractor died, as such, the villagers had surrounded the tractor and were demanding compensation for the deceased when police force arrived and the villagers in rage had an altercation with the police force, but then it is submitted that allegation of assault and damaging the police vehicle is general and omnibus in nature. It is also submitted that since petitioner no. 2 has antecedent of three cases, as such, he came to be implicated in the instant case. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court

Patna High Court CR. MISC. No.54570 of 2025(2) dt.27-08-2025 3/3 where the case is pending/successor court in connection with Garkha P.S. Case No. 802 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners.

8. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.

(Satyavrat Verma, J) Rishabh/- U T