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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25699 of 2025 Arising Out of PS. Case No.-393 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Kari Rai S/o Maheshwar Rai R/o Vill- Chamatha Lakshman Tola P.S.- Bachhwara, Dist- Begusarai ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-05-2025
1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Bachhwara P.S. Case No. 393 of 2024 dated 21.11.2024 registered under Sections 130(1), 115(2), 351, 3(5) of the B.N.S.
2023. 3. As per the first information report the petitioner along with other accused persons total ten in number assaulted the deceased with bricks, stones, lathi etc. It has been alleged that co-accused Rajnish Kumar firstly assaulted the deceased Manish Kumar with bricks thereafter other persons assaulted with bricks and lathi. 4. Learned counsel for the petitioner submits that altogether ten persons have been named in the first information report alleging general and omnibus allegation against them. The F.I.R.
Patna High Court CR. MISC. No.25699 of 2025(2) dt.07-05-2025 2/3 has been lodged after a delay of 24 hours that too after preparation of inquest report and post mortem report. As per the F.I.R. the allegation is against the co-accused Rajnish Kumar that he firstly assaulted the deceased by bricks. Similarly situated co-accused: Aman Kumar has been granted anticipatory bail by co-ordinate bench of this court in Cr. Misc. No. 12030 /
2025. The post moretm report of the deceased shows only one external injury on the scalp which may be attributable to the co-accused Rajnish Kumar. 5. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that occurrence has taken place in two parts. Firstly the petitioner along with other accused persons arrived at the informant’s house during a tilak ceremony and started abusing and thereafter they started breaking the shop of the informant’s nephew Rahul Kumar situated at Budhan Chowk. On information the informant along with the deceased Manish Kumar reached at the shop where the petitioner and other accused persons assaulted them with bricks, stones and lathi. 6.
Regard being had to the submission made by the parties, taking into consideration the fact that similarly situated co-accused Aman Kumar has been granted anticipatory bail, I
Patna High Court CR. MISC. No.25699 of 2025(2) dt.07-05-2025 3/3 am inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Bachhwara P.S. Case No. 393 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T