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2025 DAILYLAW 102459 (PAT)

Chotu Rai @ Chotu Kumar v. The State of Bihar

CR. MISC./34814/2025 · 2025-11-17

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34814 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Chotu Rai @ Chotu Kumar son of Late Suresh Rai Village- Kachi Ghat Chamdoria, Ps- Chowk, dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33217 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1. Raju Rai S/O Late Suresh Rai R/O Mohalla- Kachi Ghat Chamdoria, P.S- Chowk, Distt.- Patna. 2. Indar Rai S/O Late Suresh Rai R/O Mohalla- Kachi Ghat Chamdoria, P.S- Chowk, Distt.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36516 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Raj Kumar Rai @ Raj Kumar Yadav S/O Late Suresh Rai R/O Mohalla- Kachi Ghat Chamdoria, P.s.- Chowk, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 34814 of 2025) For the Petitioner/s : Mr.Ranjit Kumar For the Opposite Party/s : Mr.Manoj Kumar (In CRIMINAL MISCELLANEOUS No. 33217 of 2025) For the Petitioner/s : Mr.Ranjit Kumar For the Opposite Party/s : Mr.Kumar Veerendra Narayan (In CRIMINAL MISCELLANEOUS No. 36516 of 2025) For the Petitioner/s : Mr.Ranjit Kumar Patna High Court CR. MISC. No.34814 of 2025(4) dt.17-11-2025 2/3 For the Opposite Party/s : Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 4 17-11-2025 Heard the learned counsel for the parties. 2.The petitioners apprehend their arrest for the offences alleged under Sections 103(1), 238 and 3(5) of the BNS, registered in connection with Chowk P.S.Case No. 404 of 2024. 3. The case of the prosecution is that the petitioners along with others killed the husband of the informant. It has also been alleged that the brother-in-law Chhotu had threatened while the informant was going to her maika. She received the information at her maika. When she came to her matrimonial house, she found the dead body. 4. The learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. It has further been submitted that the nature of allegation is general and omnibus. In this case, dead body was not found, it was cremated. The learned counsel has brought to notice Annexure-P/2 which is a petition filed by the informant before the S.D.J.M., Patna City wherein she has stated that she does not know about the reasons of the death of her husband and that she has only put L.T.I. on the fardbeyan. It Patna High Court CR. MISC. No.34814 of 2025(4) dt.17-11-2025 3/3 is not her fardbeyan. It was being written by the villagers. She has further stated that the accused persons are having no role in the death of her husband. 5. On the other hand the learned APPs for the State have opposed the prayer for anticipatory bail. 6. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned ACJM, Patna City in connection with Chowk P.S.Case No. 404/2024, subject to the conditions as laid down under Section 438(2) CrPC/482(2) of the BNSS. 7. The petitioners shall remain present physically before the learned court below on each and every date till framing of charges. HR/- (Nawneet Kumar Pandey, J) U T