Patna High CourtCR. MISC./84914/2025bail granted

Babulal Rai v. The State Of Bihar

2025-12-23Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84914 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- KESARIA District- East Champaran ====================================================== 1.

Babulal Rai S/o Late Chandraman Rai R/o Village- Bairiya, Ward No.-4, P.S -Kesariya, District - East Champaran 2.

Anil Rai S/o Lalbabu Rai R/o Village- Bairiya, Ward No.-4, P.S -Kesariya, District - East Champaran 3.

Lal Babu Rai S/o Late Chandraman Rai R/o Village- Bairiya, Ward No.-4, P.S -Kesariya, District - East Champaran ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Dhurendra Kumar, Advocate For the Opposite Party :

Mrs. Anita Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Kesariya P.S. Case No. 80 of 2025, dated 02.03.2025 registered for the offence punishable under Sections 189(2), 126(2), 115(2), 76, 303(2), 308(2), 352 and 351(2) of B.N.S, 2023.

3. As per the FIR, informant who is working as Anganbari Sevika at Center No. 84 in Gram Panchayat Raj Bairiya. On 01.03. 2025 at about 2 P.M, her neighbors armed with weapons came at the Center and started abusing her and on protest, all accused persons caught her hair and dashed her on the ground due to which she became half naked and all accused person also assaulted her with fists-legs and lathi-danda. It is further alleged that in course of marpit, co-accused Babulal Roy snatched gold chain from her neck

Patna High Court CR. MISC. No.84914 of 2025(2) dt.23-12-2025 2/3 and they tore the register which was kept at her Center and also demanded Rs. 20,000/- as rangdari every six months and also took away six bags of rice from the Center.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel for the petitioners submits that allegations levelled against these petitioners are general and omnibus in nature while on the similar allegation one co-accused namely, Banchi Devi, has already been extended the privilege of anticipatory bail by this court vide order dated 19.11.2025 passed in Cr. Misc. No. 73927 of 2025. It is further submitted that petitioners undertake that they would be maintaining peace and would not do such offence in future and abide by the terms and conditions of anticipatory bail in such privilege is extended in their favour. Lastly, it is submitted that the petitioners have no criminal antecedents.

5. On the other hand, learned APP for the State has opposed the prayer for bail of the petitioners.

6. Considering the facts and circumstances of the case, there is no specific allegations against these petitioners, keeping in view clean antecedents of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.84914 of 2025(2) dt.23-12-2025 3/3 the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesariya P.S. Case No. 80 of 2025 , subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

(i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) The petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of their bail bonds; and (iv) The petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

7. The application is allowed.

(Ajit Kumar, J) vashudha/- U T