Pankaj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54995 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- Mufassil District- Khagaria ====================================================== 1.
Pankaj Rai S/O Anil Rai R/O Village- Nayatola Rahimpur, P.S- Mufassil, Distt.- Khagaria.
2.
Kanhiya Rai S/O Churo Rai R/O Village- Nayatola Rahimpur, P.S- Mufassil, Distt.- Khagaria.
3.
Anil Rai S/O Late Rajendra Rai R/O Village- Nayatola Rahimpur, P.SMufassil, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Anand, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2025
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), 115(2), 118(1)(2), 109, 352, 351(2), 351(3) of B.N.S. & Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioner nos. 1 and 3 have antecedent of eight cases and petitioner no. 2 has antecedent of two cases and the informant alleges that informant was informed by the S.H.O. that firing is being resorted to in between two groups at Naya Tola Rahimpur
Patna High Court CR. MISC. No.54995 of 2025(3) dt.19-09-2025 2/3 diyara, on account of land dispute, accordingly informant reached the place of occurrence and on seeing the police force, the accused persons fled, but babish and dinesh were apprehended and the Chowkidar disclosed the names of the accused persons who fled including the petitioners.
4. The learned counsel submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that Babish and Dinesh were apprehended but they did not disclose the name of the petitioners rather their name was disclosed at the instance of Chowkidar. It is next submitted that no doubt petitioner nos. 1 and 3 have antecedent of eight cases, but then the nature of allegation is also to be appreciated, as it does not appear probable that the Chowkidar with such precision could have named 18 accused persons. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their 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
Patna High Court CR. MISC. No.54995 of 2025(3) dt.19-09-2025 3/3 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 where the case is pending/successor court in connection with Muffasil P.S. Case No. 58 of 2025, 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 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. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T