Bhola Rai @ Bhola Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65188 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Bhola Rai @ Bhola Ray S/o Late Sajawal Rai @ Sajawal Ray Resident of Village - Barkurwa, P.S. - Piprakothi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate Mr. Sharad Kr. Verma, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Piprakothi P.S. Case no.158 of 2025 registered under sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 15 of the Petroleum Act, 1934.
3. As per the prosecution case, the informant states that having received information about theft of diesel taking place, the informant along with other police personnel reached the place of occurrence. Seeing the police personnel the accused managed to escape. The informant further states that it was
Patna High Court CR. MISC. No.65188 of 2025(2) dt.17-09-2025 2/3 disclosed by the co-villagers that the person who had managed to escape was the petitioner herein. It is further stated that a total of 200 litres of diesel was recovered.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article was recovered from his possession. The only material against him is the statement of co-villager made before police. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the petitioner not having been arrested at the spot, no incriminating article having been recovered from the petitioner's possession and the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Piprakothi P.S. Case no.158 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.65188 of 2025(2) dt.17-09-2025 3/3 learned Judicial Magistrate Ist Class, Motihari, East Champaran. (Partha Sarthy, J) avinash/- U T