← Library
Patna High CourtCR. MISC./89356/2025bail granted

Nagendra Rai v. The State Of Bihar

2026-02-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89356 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- Fakuli District- Muzaffarpur ====================================================== Nagendra Rai S/o Indradeo Rai @ Indrev Rai R/o Village -Bhagwanpur, P.S - Fakuli, District - Muzaffarpur also residing at Village- Bahadurpur, P.S - Goraul, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Fakuli P.S. Case no. 35 of 2025 registered under sections 126(2), 115(2), 118(1), 303(2), 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, as a result of the assault by the four named accused persons including the petitioner herein, it is stated by the informant that his mother and father sustained grievous injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The case of the petitioner stands on a better footing than that of co-accused Indradeo Rai who has been

Patna High Court CR. MISC. No.89356 of 2025(3) dt.24-02-2026 2/2 enlarged on anticipatory bail vide order dated 3.12.2025 passed in Cr. Misc. no. 78216 of 2025. The petitioner is in custody since 26.7.2025 and undertakes to cooperate in the trial. He has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR being general and omnibus in nature, the death of the father of the informant having taken place nine days later in course of treatment, grant of anticipatory bail to co-accused Indradeo Rai vide order dated 3.12.2025, the petitioner being in custody for about seven months since 26.7.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Fakuli P.S. Case no. 35 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class (West), Muzaffarpur.

(Partha Sarthy, J) sauravkrsinha/- U T