Atul Rai @ Atul Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87426 of 2024 Arising Out of PS. Case No.-356 Year-2024 Thana- MANER District- Patna ====================================================== Atul Rai @ Atul Raj S/O Ram Bhawan Rai Resident of Village- Khaspur, P.O- Daudpur, P.S- Maner,Dist- Patna , Bihar-801502 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amaresh Kumar Jha, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Maner P.S.Case No.356 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354, 307, 379, 504 and 506 of the Indian Penal Code .
3. As per the allegation made in the FIR, all the accused persons including the petitioner (total 12 in number) assaulted the husband of the informant, who sustained head injury.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent. Altogether 12 accused persons including the petitioner are named in the FIR. There is case and counter case between the parties.
Patna High Court CR. MISC. No.87426 of 2024(4) dt.13-05-2025 2/3 Allegation being general and omnibus and the petitioner having no criminal antecedent, he seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and he has submitted that the petitioner with a common intention along with the other accused persons has assaulted the husband of the informant on his head causing head injury to him. Learned counsel also informs that vide order dated 21.01.2025, case diary along with the injury report was called for, which has been received and kept on record. From perusal of the same, it appears that the injury sustained by the husband of the informant, Ganesh Rai, is simple in nature.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the FIR and the case diary, I find that altogether 12 persons have been named in the FIR, the specific allegation against the petitioner is that he along with Ram Bhawan Rai with a common intention to kill the husband of the informant assaulted by means of sword and iron rod. The husband of the informant was examined on the alleged date of incident (i.e. on 09.06.2024) and the Doctor has opined that the head injury to be simple in nature. As such, the
Patna High Court CR. MISC. No.87426 of 2024(4) dt.13-05-2025 3/3 petitioner appears to have prima facie made out a case to be released on pre-arrest bail. The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Md. Arbaz Ansari, learned J.M. Ist class, Danapur/concerned court, in connection with Maner P.S.Case No.356 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T