Hasan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86932 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== 1.
Hasan Rai Son of Late Kashish Rai Resident of Village - Hariharpur P.S - Yadopur Dist - Gopalganj 2.
Mainuddin Rai son of Late Kashish Rai Resident of Village - Hariharpur P.S - Yadopur Dist - Gopalganj 3.
Kaimul Rai son of Late Kashish Rai Resident of Village - Hariharpur P.S - Yadopur Dist - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, A.P.P.
For the Informant :
Mr. Lokesh Kumar Singh, Advocate Mr. Umang Mohan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2026
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 303(2), 118(2), 303(2), 351(2) and 352 of the BNS.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 28.09.2025 at 07:00 a.m. the named accused persons including the petitioners were abusing the wife of his brother and on protest Hasan assaulted him by knife causing injury on nose, thereafter, Mainuddin assaulted him by lathi
Patna High Court CR. MISC. No.86932 of 2025(3) dt.13-03-2026 2/3 causing injury on head and Kaimul assaulted him by lathi causing fracture of his finger and all accused thereafter assaulted him and his wife and Shabnam snatched chain of his brother's wife.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the instant case by the informant. It is further submitted that the date of occurrence is 28.09.2025 and the FIR came to be instituted on 01.10.2025 i.e. after a delay of three days without any plausible explanation. It is next submitted that the dispute is regarding partition of money as such the informant in the FIR did not disclose the reason for the occurrence. It is also submitted that no doubt, it is alleged that informant was assaulted on nose by knife but then from perusal of the injury report, it would manifest that the injury has been opined to be simple caused by hard and blunt substance. It is also submitted that petitioners are not criminals.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioners but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that the injury suffered by the injured
Patna High Court CR. MISC. No.86932 of 2025(3) dt.13-03-2026 3/3 has been opined to be simple caused by hard and blunt susbtance.
6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks from today, 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 the learned Trial Court where the case is pending/Successor Court in connection with Yadopur P.S. Case No. 189 of 2025 PTN No. 5051 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. (Satyavrat Verma, J) Kundan/- U T