IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65701 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== 1. Bhola Ray Son of Late Mahanth Ray R/o Village- Gola Pakadiya, P.S.- Lakhaura, District- East Champaran 2. Santosh Ray Son of Bhola Ray R/o Village- Gola Pakadiya, P.S.- Lakhaura, District- East Champaran 3. Satyendra Ray Son of Bhola Ray R/o Village- Gola Pakadiya, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 18-02-2025 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners have preferred this application for grant of regular bail in connection with Lakhaura P.S. Case No. 47 of 2024 dated 10.05.2024 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 307, 354B, 379, 504 and 506 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was added. 3. As per the prosecution case, the petitioners and the co-accused persons along with other unknown persons armed with various weapons came to the door of the informant and Patna High Court CR. MISC. No.65701 of 2024(4) dt.18-02-2025 2/4 started abusing for not settling the case. On being objected by the informant, the co-accused, Ramnarayan Rai ordered to assault. Thereafter, the co-accused, Ramchandra Rai assaulted the informant on his head with iron rod with intention to kill. The informant’s cousin, Suresh Rai came to rescue him, the petitioner no.2 and the co-accused persons assaulted him with iron rod causing injury. Thereafter, the informant’s cousin, Ram Pravesh Rai came to rescue him, the co-accused Ajay Kumar assaulted him on the head with farsa and the petitioner no.3 assaulted him with lathi causing injury. It is further alleged that the informant’s bhabhi came to rescue, she was also assaulted and outraged her modesty by the accused persons. The co- accused, Mahwa Devi snatched gold chain worth Rs. 50,000/- from the neck of Rima Devi and the co-accused, Lalsa Devi snatched the gold Mangalsutra worth of Rs. 15,000/- from the neck of Kunti Devi. The co-accused, Maina Devi assaulted Suresh Rai with lathi due to which he received injury on his head and he fell down on the ground. Thereafter, the injured were taken to the hospital for treatment. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation Patna High Court CR. MISC. No.65701 of 2024(4) dt.18-02-2025 3/4 against the petitioners who along with the co-accused persons assaulted on the head of informant’s brother with intent to kill. It is further submitted that the injured Suresh Rai died during the course of treatment. There is case and counter case between the parties. It is further submitted that there is no specific allegation against the petitioners rather the specific allegation of assaulting the informant’s cousin brother on the head with lathi is against the petitioner no.1. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 11.05.2024. The co-accused has been granted regular bail by this Court vide order dated 05.02.2025 passed in Cr. Misc. No. 60874 of 2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari in connection with Lakhaura P.S. Case No. 47 of 2024 with the condition :- (i) The petitioner is directed to remain physically Patna High Court CR. MISC. No.65701 of 2024(4) dt.18-02-2025 4/4 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. 7. The application stands allowed. Shivam/- (Chandra Prakash Singh, J) U T