Babulal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54459 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- MADHAURAH District- Saran ====================================================== 1.

Babulal Rai S/O Late Saryug Rai R/O Village- Senduri, Ward No.14, P.S.- Marhowrah, District- Saran.

2.

Bhuneshwar Rai S/O Late Saryug Rai R/O Village- Senduri, Ward No.14, P.S.- Marhowrah, District- Saran.

3.

Sudarshan Rai S/O Late Saryug Rai R/O Village- Senduri, Ward No.14, P.S.- Marhowrah, District- Saran.

4.

Sujeet Rai S/O Late Bunilal Rai R/O Village- Senduri, Ward No.14, P.S.- Marhowrah, District- Saran.

5.

Pankaj Kumar @ Pankaj Rai S/O Late Bunilal Rai R/O Village- Senduri, Ward No.14, P.S.- Marhowrah, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 118(1), 352, 351(2), 3(5) of the BNS.

3. The learned counsel for the petitioners submit that the petitioner is a person with clean antecedent and the informant alleges that on 07.04.2025 at about 4:00 pm when he

Patna High Court CR. MISC. No.54459 of 2025(2) dt.25-08-2025 2/3 was at his door, the accused persons including the petitioners came variously armed with lathi, danda, garansa etc., and started assaulting the informant on account of which he sustained injury on his chest, hand and neck, further all the accused persons assaulted Rakesh Rai, Priyanka Devi and Indu Devi causing injury. The learned counsel for the petitioners submit that the petitioners have been falsely implicated in the instant case by the Informant. It has been further submitted that on account of dispute relating to land, an altercation took place, in which both sides assaulted each other.

It is also submitted that the allegation of assault is not specific and the injuries suffered by the injured is simple in nature except one injury of Rakesh Rai with respect to which opinion has been reserved by the Doctor but then the allegation assaulting Rakesh Rai is not specific. It is also submitted that the petitioners are not criminal and they will not abscond rather will co-operate in the investigation to prove their innocence.

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

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 Court below

Patna High Court CR. MISC. No.54459 of 2025(2) dt.25-08-2025 3/3 within a period of six weeks, are directed to be released on bail on 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 in connection with Marhowrah P. S. Case No. 219 of 2025 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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 the 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. The application stands allowed.

(Satyavrat Verma, J) ranjan/- U