IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23053 of 2025 Arising Out of PS. Case No.-419 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1. Pramod Rai @ Pramod Kumar Son of Dinesh Rai Resident of Village- Amdipur, P.S.- Shahpur Patory, District- Samastipur 2. Subodh Rai @ Subodh Kumar @ Subodh Kumar Rai Son of Dinesh Rai Resident of Village- Amdipur, P.S.- Shahpur Patory, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Shankar Prasad Roy, Advocate For the State : Ms. Sharda Kumari, APP For the Informant : Mr. Dilip Kumar Roy, Advocate Mr. Chandan Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 30-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Shahpur Patory P.S. Case No. 419 of 2024, instituted for the offences punishable under Sections 103(1), 191(2), 190, 126(2), 115(2), 117(2), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that, the petitioner along with other co-accused persons being armed with iron rod, fasuli, khanti and lathi, surrounded the father and uncle of the informant. It is further alleged that Bindeshwar Rai and Patna High Court CR. MISC. No.23053 of 2025(3) dt.30-07-2025 2/3 Dayanand Rai assaulted with khanti to Subodh Rai, the father of the informant. It is also alleged that the accused persons have assaulted him with lathi and iron rod. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the specific allegation of assault is levelled against co-accused, namely, Bindeshwar Rai and Dayanand Rai. The nature of allegation levelled against the petitioner is general and omnibus in nature. The petitioners bear no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 18.06.2025 passed in Cr. Misc. No. 36854 of 2025. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is contended that petitioners assaulted the father of the informant as well as assaulted both the brothers of the informant, which is enumerated in the impugned order. 6. Considering the rival submissions made by the learned counsel for the parties, nature and gravity of the offence, Patna High Court CR. MISC. No.23053 of 2025(3) dt.30-07-2025 3/3 this Court is not inclined to grant anticipatory bail to the petitioners. Prayer for grant of anticipatory bail is hereby rejected. 7. However, if the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court. Raj Kishore/- (Rudra Prakash Mishra, J) U T