Guddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68164 of 2025 Arising Out of PS. Case No.-281 Year-2025 Thana- MANER District- Patna ====================================================== 1.

Guddu Rai S/O Late Sanchit Rai R/O Village- Jivrakhan Tola Goraiya Asthan, P.S- Maner, Distt.- Patna.

2.

Pappu Rai @ Pappu Kumar S/O Sri Ram Babu Rai R/O Village- Jivrakhan Tola Goraiya Asthan, P.S- Maner, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunit Kumar Srivastava, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-10-2025 Heard Mr. Sunit Kumar Srivastava, learned counsel appearing on behalf of the petitioners and Ms. Shaheen Begum, learned APP appearing on behalf of the State.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks to withdraw the bail petition for petitioner no.1.

3. Permission is accorded.

4. The petitioner no.2 apprehend his arrest in connection with Maner P.S. Case No. 281 of 2025 registered under Sections 126(2), 115(2), 303(2), 109, 351(3), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023; Section 27 of the Arms Act and Section 37 of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.68164 of 2025(2) dt.07-10-2025 2/3

5. As per the allegation made in the FIR, the petitioners along with other accused armed with weapons assaulted the informant and his family members and also committed theft.

6. Learned counsel appearing on behalf of petitioner no.2 submitted that the petitioner no. 2 is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner no.2 and he has been made accused in the present case only due to dirty village politics. The petitioner no.2 has clean antecedent. On these grounds, the petitioner no.1 seeks to be released on pre-arrest bail.

7. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

8. Having considered the rival submissions made on behalf of the parties, as well as, the fact that there is no specific allegation against the petitioner no.2, the petitioner no.2 is having clean antecedent, I am of the opinion that the petitioner no.2 has, prima facie, made out a case to be released on prearrest bail

9. The learned District Court is directed to release the petitioner no.2 on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of

Patna High Court CR. MISC. No.68164 of 2025(2) dt.07-10-2025 3/3 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Special Excise Judge, Danapur/successor Court in connection with Maner P.S. Case No. 281 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.

10. The learned District Court is directed to verify the criminal antecedent of the petitioner no.2, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner no.2, as what has been stated in paragraph no. 3, this order will lose its force automatically.

11. Accordingly, the present application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U T