Chhotan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63055 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== 1.
Chhotan Rai son of Late Ramdev Rai Resident of Village - Sengar tola, PsRivilganj, Dist- Saran at Chapra 2.
Mona Devi @ Sona Devi Wife of Chhotan Rai Resident of Village - Sengar tola, Ps- Rivilganj, Dist- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Rivalganj P.S. Case No. 193 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 117(2), 74, 352/3(5) of BNS 2023.
3. As per prosecution case, petitioners and others are said to have concertedly assaulted informant's wife and daughter and also abused them. It is further alleged that informant's wife and daughter were also assaulted previously.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as
Patna High Court CR. MISC. No.63055 of 2025(2) dt.10-09-2025 2/3 alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. Learned counsel submits that there is a case and counter case between both the parties. It has been submitted that both parties are residing in the same house and account of oral partition of property/land, dispute arose between them. After lapse of one day, without any cogent reason, informant gave an application regarding the said incident, before the SHO of Rivilganj Police Station to lodge the instant FIR. It is further submitted that entire family members has been dragged in this case by the informant, due to previous enmity on account of partition of property/land. Learned counsel has stated in para 10 of the bail petition that injuries are simple in nature/not grievous. There is no specific allegation against the petitioners rather the same is general and omnibus in nature
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners and submits that there are allegations against the petitioners and they cannot escape from the liability of allegation as alleged in the FIR.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, there is no
Patna High Court CR. MISC. No.63055 of 2025(2) dt.10-09-2025 3/3 specific allegation against the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran at Chapra in connection with Rivalganj P.S. Case No. 193 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. (Alok Kumar Pandey, J) vashudha/- U T