Patna High CourtCR. MISC./90847/2025partly allowed disposal

Shankar Rai v. The State Of Bihar

2026-01-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90847 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

Shankar Rai S/o Late Gopi Rai R/o Village - Parsurampur Tole Kharbani, P.S - Parsauni, District - Sitamarhi 2.

Dilip Rai @ Dilip Kumar S/o Shankar Rai R/o Village - Parsurampur Tole Kharbani, P.S - Parsauni, District - Sitamarhi 3.

Sikandar Rai S/o Late Gopi Rai R/o Village - Parsurampur Tole Kharbani, P.S - Parsauni, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP For the informant ;

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2026 Heard the learned counsel for the petitioners and the learned counsel for the State.

2. The petitioners apprehend arrest in connection with Parsauni P.S. Case No. 143 of 2025 registered for offences under Sections 126(2), 115(2), 117(2), 109, 352, 351(3), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioners no. 1 and 2 are the order givers. There is no allegation of assault against the petitioners no. 1 and 2. The petitioner no. 3 is said to have assaulted the informant causing grievous injury.

4. Considering the allegations levelled against the petitioner no. 3, his prayer for anticipatory bail is rejected.

5. He is directed to surrender in the court below

Patna High Court CR. MISC. No.90847 of 2025(2) dt.28-01-2026 2/2 within a period of four weeks from today and seek regular bail, if so advised, failing which the Superintendent of Police, Sitamarhi will take all steps for the arrest of the petitioner.

6. It is, however, made clear that the Court below shall not be prejudiced by this order and shall decide the case of the petitioner no. 3 on its merits.

7. So far as the petitioners no. 1 and 2 are concerned, considering the allegations levelled against them, their prayer for anticipatory bail stands allowed.

8. Accordingly, let the petitioner nos. 1 and 2, abovenamed, in the event of arrest or surrender within four weeks from today in the Court below, 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 learned Judicial Magistrate, 1st Class, Sitamarhi/concerned Court below in connection with Parsauni P.S. Case No. 143 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

9. In view of the above, this application is partly allowed.

(Sandeep Kumar, J) Shishir/- U T