Bhagrith Rai @ Bhagirath Rai @ Bhagrit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55294 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Bhagrith Rai @ Bhagirath Rai @ Bhagrit Rai S/o Late Lakhichandra Rai R/o Village-Kathariya, P.S.-Chhauradano, District-East Champaran, Motihari.

2.

Kamlesh Rai S/o Suresh Rai R/o Village-Kathariya, P.S.-Chhauradano, District-East Champaran, Motihari.

3.

Rameshwar Rai S/o Late Lakhichandra Rai R/o Village-Kathariya, P.S.- Chhauradano, District-East Champaran, Motihari. 4.

Rampati Devi W/o Rameshwar Rai R/o Village-Kathariya, P.S.- Chhauradano, District-East Champaran, Motihari. 5.

Sangita Devi W/o Mukti Rai R/o Village-Kathariya, P.S.-Chhauradano, District-East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Sumit Kumar Gupta, Advocate Mr. Harish Chandra Patel, Advocate Ms. Isha Mishra, Advocate For the State :

Md. Matloob Rab, A.P.P.-34 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chhauradano Police Station Case No. 19 of 2025, disclosing offences under Sections 191(2), 126(2), 115(2), 109, 303(2), 117(2), 76, 351(2), 352 and 3(5) of B.N.S.

3. The prosecution case, as per the First Information

Patna High Court CR. MISC. No.55294 of 2025(2) dt.27-08-2025 2/3 Report, all the FIR named accused persons including the petitioners along with three-four unknown persons arrived at his door, started abusing and assaulting the informant and his family members with farsa, iron-rod, lathi etc. It has been alleged that Petitioner No. 2 has assaulted wife of the informant with iron rod on her head and petitioner no. 3 has assaulted Kameshwar Rai (father of the informant) by lathi on his thigh and his arms causing fracture.

4. Learned Counsel for the petitioners submit that the parties are agnates and co-sharers and there is case and counter between them. The counter case has been lodged by Petitioner No. 4 bearing Chhauradano P.S. Case No. 20 of 2025 against the informant and others. Learned counsel further submits that Petitioner Nos. 4 and 5 are the lady members of the family and Kameshwar Rai sustained fracture injury near right ulna which is non vital part of the body.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the parties are agnates, having longstanding land dispute, case and counter case is there, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.55294 of 2025(2) dt.27-08-2025 3/3

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chhauradano Police Station Case No. 19 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T