IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55221 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== Raj Kumar Giri S/o Ram Chandra Giri R/o Village- Korigama, P.S.- Baheri, District- Darbhanga, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 08-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Baheri P.S. Case No. 124 of 2025, instituted for the offences punishable under Sections 115(2), 118(1), 126(2), 109(1), 76, 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the petitioner along with other co-accused persons assaulted the informant and his family members due to which they sustained injuries and also pelted bricks and stones over the house of the informant. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the Patna High Court CR. MISC. No.55221 of 2025(2) dt.08-08-2025 2/3 present case. No incriminating material have been recovered from the conscious possession of the petitioner. As per allegation against the petitioner, it is alleged that petitioner allegedly assaulted the informant by means of farsa. There is delay of eight (8) days in lodging the FIR. It is further submitted that there is case and counter case between the parties. The petitioner has got no criminal antecedents. Bail of other co- accused has been allowed by this Court vide order dated 29-07-2025, passed in Cr. Misc. No. 46455 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 petitioner. It is fervently submitted that there is direct allegation of assault against the petitioner upon the informant by means of farsa, hence, he does not deserve the privilege of anticipatory bail. 6. Considering the rival submissions made by the learned counsel for the parties, there being direct allegation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is 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 Patna High Court CR. MISC. No.55221 of 2025(2) dt.08-08-2025 3/3 below in accordance with law without being prejudiced by the order of this Court on its own merit. Raj Kishore/- (Rudra Prakash Mishra, J) U T