Ram Barai Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72293 of 2025 Arising Out of PS. Case No.-389 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Ram Barai Rai Son o Anuplal Rai R/o Village - Naya Tola Pakri, P.S. - Bidupur, Dist. - Vaishali.

2.

Suresh Rai Son of Late Subalal Rai R/o Village - Naya Tola Pakri, P.S. - Bidupur, Dist. - Vaishali.

3.

Ajay Kumar Son of Ramesh Rai R/o Village - Naya Tola Pakri, P.S. - Bidupur, Dist. - Vaishali.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 117(2), 109, 74, 303(2), 351(2), 351(3), 352/3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per prosecution case, petitioner no.2 along with co-accused Ramesh Rai assaulted the informant with iron rod, whereas petitioner no.1 and 3 caught hold of her hair and threw her down.

4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case. Injuries caused by petitioners have been found to be simple in nature. Case and counter case. F.I.R. has been lodged

Patna High Court CR. MISC. No.72293 of 2025(2) dt.01-11-2025 2/2 after inordinate delay of eight days without any explanation which renders the entire prosecution case doubtful. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for pre-arrest bail.

6. Considering the aforesaid facts of the case, prayer for bail of all these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur Police Station Case No. 389 of 2025, subject to the conditions laid down under section 482 of the B.N.S.S.

(Prabhat Kumar Singh, J) Shashi U T