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Patna High CourtCR. MISC./80090/2025allowed

Ajay Rai @ Ajay Kumar v. The State Of Bihar

2025-12-01Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80090 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- MAKER District- Saran ====================================================== 1.

Ajay Rai @ Ajay Kumar S/o- Sukh Dev Rai R/o Village- Bathui, P.S.- Maker, District- Saran 2.

Kundan Rai @ Kundan Kumar S/o- Nagendra Rai R/o 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, Adv.

For the Opposite Party/s :

Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.

2. The petitioners apprehend their arrest in connection with Maker P.S. Case No.111 of 2024 registered for the offences punishable under Sections 341, 323, 324, 379 and 307/34 of the Indian Penal Code.

3. The allegation against the petitioner no.1 is of causing sword blow over the head of the informant, due to which he sustained severe injury; whereas petitioner no.2 along with co-accused Vivek Kumar Rai assaulted one Rohit Kumar, besides the allegation against all the accused persons of causing assault and snatching valuables.

Patna High Court CR. MISC. No.80090 of 2025(2) dt.01-12-2025 2/3

4. Learned Advocate for the petitioners contended that so far the allegation against petitioner no.1 is concerned, that falls to the ground for the simple reason that the injury has been found to be simple in nature, inasmuch as it is opined that there is only soft tissue swelling over left temporal parietal region. The injury which is sustained to Rohit Kumar is concerned, the same is also found to be simple in nature. Taking note of the fact that both the informant and Rohit Kumar have sustained simple injury, other co-accused persons have been extended the privilege of anticipatory bail by this Court vide order dated 01.12.2025 in Cr. Misc. No.77177 of 2025. The petitioners are men of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application.

6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the simple nature of injury, coupled with the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with

Patna High Court CR. MISC. No.80090 of 2025(2) dt.01-12-2025 3/3 two sureties of the like amount each to the satisfaction of learned Sessions Judge-XII, 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 BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T