Rupesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72689 of 2025 Arising Out of PS. Case No.-226 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Rupesh Rai S/o- Shiv Balak Rai Village-Ganesh Sirsiya ,P.S-Chakia, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 103(1), 109, 61(2) and 3(5) of the B.N.S., 2023.
3. As per the prosecution case, all the F.I.R.-named accused persons, including the petitioner, abused and assaulted the informant's son with an iron rod.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Asper F.I.R., informant is not an eye-witness to the occurrence and that the petitioner has been made an accused merely on suspicion. He further submits that the F.I.R. stands falsified by the postmortem report. As per the
Patna High Court CR. MISC. No.72689 of 2025(3) dt.01-12-2025 2/2 F.I.R., all five named accused persons assaulted the son of the informant with an iron rod, whereas the post-mortem report shows only one injury on the body of the deceased. The petitioner is in custody since 10.05.2025, the charge-sheet has been submitted and he claims clean antecedents.
5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation and the period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above-named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran, in connection with Chakia P.S. Case No. 226 of 2025. (Prabhat Kumar Singh, J) Neha/- U T