IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66542 of 2025 Arising Out of PS. Case No.-362 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Rambabu Rai, S/O Late Charitar Ray, Resident of village- Aam Cachhi, P.S.- Chiraiya, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate Mr. Hemant Raj, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 17-09-2025 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Chiraiya P.S. Case No. 362 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 427, 447, 448, 379, 504, 506/34 of the Indian Penal Code. 3. On the fateful day, all the accused persons, including the petitioner, variously armed came at the door of the informant and brutally assaulted him. It is specifically alleged that on the dictate of co-accused Buden Ray, co-accused Panna Lal Ray gave Farsa blow on the head of the father of the informant causing serious injury. There is further allegation that other accused persons also assaulted the informant with Lathi/Danda and snatched the valuables. When the uncle of the Patna High Court CR. MISC. No.66542 of 2025(2) dt.17-09-2025 2/3 informant, namely, Amardeo Rai, came to rescue him, accused persons also assaulted him by means of Farsa. 4. Learned Advocate for the petitioner taking this Court through the narrations made in the F.I.R. submitted that save and except the petitioner is said to be the member of the unlawful assembly, there is no specific allegation of any overt act; moreover, there is a counter version of the present case, being Chiraiya P.S. Case No. 364 of 2023, instituted by co- accused Manjay Kumar against the informant and others. The parties are said to be the neighbours and there is a land dispute regarding pathway, resultantly a free fight took place, leading to injuries on the persons of both sides. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court. 5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has actively participated in the crime, resulting into some grievous injuries. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation; lacking any specific allegation against the petitioner of causing Patna High Court CR. MISC. No.66542 of 2025(2) dt.17-09-2025 3/3 hurt to anyone leading to grievous injuries, coupled with the fair antecedent as well as case and counter case, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sikarhana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 362 of 2023, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. uday/- (Harish Kumar, J) U T