Birju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76520 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- AKILPUR District- Saran ====================================================== 1.

Birju Rai S/O Late Munshi Rai R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran 2.

Lalu Rai @ Lalu Prasad Ray S/O Late Munshi Rai R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran 3.

Kabindra Rai @ Kabindra Ray S/O Sri Birju Rai R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran 4.

Saheb Rai @ Saheb Lal Ray S/O Sri Birju Rai R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran 5.

Bigan Rai @ Vinay @ Tigan Rai @ Vinay Kumar Ray S/O Sri Birju Rai R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran 6.

Ajit Rai @ Ajit Kumar S/O Sri Bijali Ray R/o vill.- Akilpur, Dighwara, P.S.- Akilpur, Distt.- Saran 7.

Rahul Rai @ Rahul Kumar S/O Sri Bijali Ray R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran 8.

Bijuli Rai @ Bijli Ray S/O Late Vanshi Ray R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran 9.

Gumani Rai @ Gumani Ray S/O Sri Mundrika Ray R/o vill.- Akilpur, Dighwara, P.S.-Akilpur, Distt.- Saran ... ... Petitioner/s

Versus

The State of Bihar Advocate General,Bihar,Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ramchandra Sahni, APP Mr. Rikesh Sinha, Advocate Mr. Dileep Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2025 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2.

The petitioners apprehend their arrest in a case

2/4 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 76, 303(2), 324(4), 324(5), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that she along with her son were coming back home with Rs. 50 thousand, when they were intercepted by the accused persons and the accused persons assaulted and tried to snatch the money, further Vinay stabbed her causing injury on her stomach, thereafter the accused persons also assaulted her husband and stabbed him on his back, who had come to save them.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners and the informant are agnates and are having dispute relating to property. It is further submitted that from the side of the petitioners Akilpur PS Case No. 53 of 2025 came to be instituted, as such the instant case is a counter-blast. It is also submitted that though the informant alleges that Vinay stabbed her and thereafter other accused persons also stabbed her husband, but then from perusal of the injury report of the injured

3/4 annexed with the supplementary affidavit, it would manifest that the same records that the injuries are simple caused by hard and blunt substance. It is next submitted that it appears that the informant in order to give seriousness to the case falsely alleged that she along with her husband were stabbed. It is further submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the same does not disclose that petitioners and the informant are related rather an impression has been given that informant was coming with Rs. 50 thousand along with her son, when they were intercepted by criminals who intended to snatch the money.

5.

Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that petitioners and the informant are agnates and the injuries suffered by the injured have been opined to be simple caused by hard and blunt substance.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court

4/4 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Akilpur P.S. Case No. 57 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T