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2025 DAILYLAW 109963 (PAT)

Dinesh Rai @ Dinesh Rai Yadav v. The State of Bihar

CR. MISC./81512/2025 · 2025-12-10

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81512 of 2025 Arising Out of PS. Case No.-260 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== 1. Dinesh Rai @ Dinesh Rai Yadav, S/O Late Ram Charan Rai, R/O Village- Sinhama Kanth, P.S- Belsar, Distt.- Vaishali. 2. Shankar Rai, S/O Late Ram Charan Rai, R/O Village- Sinhama Kanth, P.S- Belsar, Distt.- Vaishali. 3. Ajit Kumar, S/O Shankar Rai, R/O Village- Sinhama Kanth, P.S- Belsar, Distt.- Vaishali. 4. Kaushal Kumar, S/O Shankar Rai, R/O Village- Sinhama Kanth, P.S- Belsar, Distt.- Vaishali. 5. Parmila Devi, W/O Dinesh Rai, R/O Village- Sinhama Kanth, P.S- Belsar, Distt.- Vaishali. 6. Mina Devi, W/O Shankar Rai, R/O Village- Sinhama Kanth, P.S- Belsar, Distt.- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 10-12-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Vaishali P.S. Case No. 260 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 75, 76, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. In the evening of the fateful day, while the informant was engaged in cooking food, in the meanwhile, all Patna High Court CR. MISC. No.81512 of 2025(2) dt.10-12-2025 2/3 the F.I.R. named accused persons variously armed barged into her house and started assaulting and threatened them to leave the house. It is further alleged that when her family members came to her rescue, they were also assaulted by the accused persons. Specific allegation has been levelled against petitioner nos. 3, 4 and 6. 4. Learned Advocate for the petitioners submitted that the genesis of the occurrence is nothing, but a previous land dispute, which resulted into a free fight between the parties, leading to injuries to the persons of both the sides and institution of case and counter case, being Vaishali P.S. case no. 266 of 2025, lodged by petitioner no.2 against the informant and her family members. The long standing dispute is also writ large in view of pendency of Title Suit No.1361 of 2023, before the court of learned Sub-Judge-I, Hajipur between the parties. Moreover, the parties are agnates and they undertake that they will fully cooperate in the proceeding of the court and would not indulge in similar activities in future. 5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that besides the active participation of the petitioners, out of six petitioners, petitioner nos. 1 to 4 bears one criminal antecedent, Patna High Court CR. MISC. No.81512 of 2025(2) dt.10-12-2025 3/3 whereas petitioner nos. 5 and 6 do not have any criminal antecedent. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the nature of accusation, coupled with the case and counter case, as also the pending land dispute, inasmuch, as there is no discussion with regard to the nature of injuries sustained to the informant and others, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on 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, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 260 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners. uday/- (Harish Kumar, J) U T