Lalak Rai @ Lalak Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77177 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- MAKER District- Saran ====================================================== 1.
Lalak Rai @ Lalak Kumar Rai, S/O Kameshwar Rai, Resident of VillageBathui, P.S.- Maker, District- Saran 2.
Pawan Rai, S/O Kameshwar Rai, Resident of Village- Bathui, P.S.- Maker, District- Saran 3.
Vivek Kumar Rai, S/O Harendra Rai, Resident of Village- Bathui, P.S.- Maker, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-12-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Maker P.S. Case No. 111 of 2024 registered for the offences punishable under Sections 341, 323, 324, 379, 307/34 of the Indian Penal Code.
3. On the fateful day, while the informant went to invite the guests on his niece wedding, the accused persons, who were in drunken condition, assembled behind the school, surrounded the informant and started abusing him on account of a previous dispute. It is specifically alleged that petitioner no.1 assaulted one Kameshwar Prasad by means of knife, due to
Patna High Court CR. MISC. No.77177 of 2025(2) dt.01-12-2025 2/3 which he sustained injury on his temple and lip. He further assaulted him with Iron rod over his left eye. So far the petitioner no.2 is concerned, there is omnibus nature of allegation of causing assaulted with other accused persons. Specific allegation has been levelled against petitioner no.3 that he along with Kundan Rai hit Rohit Kumar by means of rod on the head, due to which he sustained injury.
4. Learned Advocate for the petitioners referring to the F.I.R. contended that the reason for institution of the F.I.R. is said to be a previous dispute. Moreover, the injuries, which have been attributed to the petitioner nos. 1 and 3, the same have been found to be simple in nature. To support the aforesaid contention, injury reports have been placed on record as Annexure-2. The allegation against petitioner no.2 is omnibus. The petitioners are men of fair antecedent and undertake that they will fully cooperate in the proceeding of the court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioners have brutally assaulted the informant and others, due to which they sustained serious injuries.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note
Patna High Court CR. MISC. No.77177 of 2025(2) dt.01-12-2025 3/3 of the simple nature of injury, coupled with the fair antecedent, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Maker P.S. Case No. 111 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.
(Harish Kumar, J) uday/- U T