Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65437 of 2025 Arising Out of PS. Case No.-305 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.

Vijay Rai S/O Chandrika Rai Resident of Village- Sabalpur Chaharam, ward No 13, PS- Sonepur, Distt-Saran 2.

Ashok Rai S/O Vijay Rai Resident of Village- Sabalpur Chaharam, ward No 13, PS- Sonepur, Distt-Saran 3.

Kivi Rai @ Ramlagan Rai @ Lagan Rai @ Raghu Lagan Rai S/O Chandrika Rai Resident of Village- Sabalpur Chaharam, ward No 13, PS- Sonepur, Distt-Saran 4.

Mamta Devi W/O Sita Ram Rai Resident of Village- Sabalpur Chaharam, ward No 13, PS- Sonepur, Distt-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP Mr. Amit Kumar, Adv Mr. Pramod Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2025 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2.

The petitioners seek bail in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 118(2), 303(2), 352, 351(2), 351(3), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and later on Section 103(1) BNS has been added.

3.

Learned counsel for the petitioners submits that petitioners are in custody since 4-4-2025 and charge-sheet has

Patna High Court CR. MISC. No.65437 of 2025(3) dt.14-11-2025 2/3 been submitted. It is next submitted that petitioner No. 1 has antecedent of one case, but then the said case was also institued by the mother of the instant informant and rest of the petitioners are persons with clean antecedent and the informant alleges that on 2-4-2025 at 9.00 A.M., the accused persons came and Vijay Ray, Binod and Chanda Devi started assaulting, on alarm, Vakil Sharma, Sangita and Radha came to save him when 12 named accused persons came and started assaulting him, thereafter Binod Rai assaulted her by spade (Kudal) causing injury on right hand, thereafter Binod and Vijay assaulted Vakil Sharma by lathi and he fell thereafter Chanda assaulted Vakil Sharma indiscriminately by sword causing injury on head, hand and waist.

4.

Learned counsel for the petitioners submits that Shailesh Ray and three others had approached this Court seeking anticipatory bail by filing Cr. Misc No. 67428 of 2025 and the same was allowed by an order dated 7-10-2025 after considering the case on merit and in details. It is next submitted that Sita Ram Rai had moved before this Court seeking regular bail by filing Cr. Misc No. 63651 of 2025 and the same was allowed by an order dated 14-11-2025 by placing reliance on the order dated 7-10-2025 in Cr. Misc No. 67428 of 2025. It is

Patna High Court CR. MISC. No.65437 of 2025(3) dt.14-11-2025 3/3 also submitted that petitioners will abscond rather will cooperate in the trial to prove their innocence.

5.

Learned A.P.P. for the State and learned counsel appearing on behalf of the informant vehemently opposes the prayer for bail of the petitioners.

6.

Considering the submission made by learned counsel for the petitioners and taking into consideration the order dated 7-10-2025 in Cr. Misc No. 67428 of 2025 and the order dated 14-11-2025 in Cr. Misc No. 63651 of 2025, let the petitioners above named be released on 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 the learned trial court where the case is pending/successor court in connection with Sonepur P.S. Case No. 305 of 2025. 7.

However, it is made clear that if the learned trial court comes to a conclusion that the petitioners after their release are trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.

(Satyavrat Verma, J) Sumit/- U T