Raj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59756 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Raj Kumar Ray S/O Late Nandeshwar Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani. 2.

Vibha Devi W/O Raj Kumar Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani.

3.

Amala Devi W/O Ramchandra Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani. 4.

Ranjan Devi W/O Lalan Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani.

5.

Rajiv Ray @ Raj Kumar Kumar Ray S/O Ramchandra Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani. 6.

Puja Kumari D/O Raj Kumar Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani.

7.

Arti Kumari D/O Raj Kumar Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani.

8.

Ravindra Ray @ Ravindra Kumar S/O Ramchandra Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani. 9.

Manchan Devi W/O Rajiv Ray Resident of Village- Chapahi Damari Das Tola, P.S -Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Shailendra Kumar Jha, Advocate For the State :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(l), 118(l), 110, 74, 302(2), 351(2), 352 and 3(5) of

Patna High Court CR. MISC. No.59756 of 2025(2) dt.03-09-2025 2/3 the B.N.S..

3. The prosecution case, in brief, is that on 23.04.2025 at about 10 AM, all the F.I.R. named accused persons, including these petitioners, were cutting trees of the informant and when the he objected, all of them assaulted informant and his friends on their head by means of axe. It is further alleged that they also assaulted on the neck of one Bignesh Rai with axe.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on the alleged date and time of occurrence, on account of previous land dispute between the parties, maar-peet took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and clean antecedents of the

Patna High Court CR. MISC. No.59756 of 2025(2) dt.03-09-2025 3/3 petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 A.C.J.M. Ist, Madhubani in connection with Rajnagar P.S. Case No. 158 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