Jagat Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72070 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== Jagat Rai S/o Late Domi Rai Resident of village - Saraiya Khanjahan Chak urf saidenpur, P.S- Lalganj, District- vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Kumar Srivastva For the Opposite Party/s :
Mr.Parmanand Prasad, App Mr. Shyameshwar Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2025 1.
Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant, Sri Shyameshwar Kumar Singh. 2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(2), 126, 115(2), 118, 352, 351(3), 109, 303(2) of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is aged about 75 years and the informant alleges that on account of dispute relating to land, his agnates including the petitioner came and Tejaswi assaulted his father by rod causing injury on his finger and elbow and also assaulted him causing injury on abdomen, thereafter Tejaswi and petitioner assaulted his father by an iron
Patna High Court CR. MISC. No.72070 of 2025(2) dt.11-11-2025 2/3 rod causing injury on head and accused also snatched his locket worth Rs. 19,000.
4.
The learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner is own uncle of the informant and they are having land dispute. It is further submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the thrust of the allegation of assaulting the injured is against Tejaswi. It is submitted that petitioner is alleged to have assaulted the father of the informant, along with Tejaswi causing injury. It is also submitted that no doubt injury suffered by the father of the informant is opined to be grievous but then allegation of assault is against Tejaswi and petitioner.
It is submitted that petitioner has been implicated in the instant case only with a view to coerce Tejaswi into submission. It is reiterated and submitted that petitioner is aged about 75 years and all throughout has remained a person with clean antecedents and when he is nearing his grave he came to be implicated with an allegation that he assaulted the father of the informant, along with Tejaswi. It is thus submitted that even allegation of assault is not specific.
Patna High Court CR. MISC. No.72070 of 2025(2) dt.11-11-2025 3/3 5.
Learned A.P.P. for the State and the laerned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that petitioner is aged about 75 years and has remained a person with clean antecedent all throughout and allegation against him is assaulting the father is not specific. 6.
Considering the submissions made by the learned counsel for the petitioner, and taking into consideration the age of the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Lalganj P.S. Case No. 186 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T