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2025 DAILYLAW 64927 (PAT)

Lakshmi Kant Rai v. The State of Bihar

CR. MISC./52825/2025 · 2025-08-12

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52825 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- MANIGACHI District- Darbhanga ====================================================== 1. Lakshmi Kant Rai S/o Late Kari Rai Resident of Village- Mahthour, P.S.- Manigachi, Distt.- Darbhanga 2. Narayanji Rai @ Narayan Roy S/o Lakshmikant Rai Resident of Village- Mahthour, P.S.- Manigachi, Distt.- Darbhanga 3. Nitish Rai @ Nitish Kumar S/o Lakshmikant Rai Resident of Village- Mahthour, P.S.- Manigachi, Distt.- Darbhanga 4. Dilip Rai @ Dilip Kumar Rai S/o Chandra Rai Resident of Village- Mahthour, P.S.- Manigachi, Distt.- Darbhanga 5. Mukesh Rai S/o Binde Rai Resident of Village- Mahthour, P.S.- Manigachi, Distt.- Darbhanga 6. Rajendra Rai S/o Late Ramdeo Rai Resident of Village- Mahthour, P.S.- Manigachi, Distt.- Darbhanga 7. Basudev Rai @ Basudeo Rai S/o Yugeshwar Rai Resident of Village- Mahthour, P.S.- Manigachi, Distt.- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Saurav Anand, Advocate For the State : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 12-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S.. 3. As per prosecution case, it is alleged that on 18.04.2025 at about 7:30 P.M., when informant, along with his Patna High Court CR. MISC. No.52825 of 2025(2) dt.12-08-2025 2/3 uncle and brother, was returning from home, in the meantime, all the F.I.R. named accused persons, including these petitioners, intercepted them, abused and assaulted them. It is alleged that Petitioner No. 1 assaulted brother of informant with bricks, Petitioner No. 2 assaulted on head of informant with garasa and Petitioner No. 7 assaulted on waist of informant with iron rod. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of land dispute between the parties, simple maar-peet took place in which both sides sustained injuries. There is case and counter- case. Doctor has found the injuries, sustained by all the three injured, simple in nature. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within Patna High Court CR. MISC. No.52825 of 2025(2) dt.12-08-2025 3/3 a period of eight weeks from today, let the above named petitioners be enlarged 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 A.C.J.M. VI, Darbhanga in connection with Manigachhi P.S. Case No. 55 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T