IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78440 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== Subodh Ray @ Mahto @ Subodh Kumar son of Jaylal Ray R/o Village- Gachi Tola, P.S.- Mahnar, Dist. -Vaishali ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashad, Advocate For the Opposite Party/s : Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 10-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Mahnar P.S. Case No. 83 of 2023 dated 29.03.2023 registered for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506 read with 34 of the Indian Penal Code. 3. As per the prosecution case, the petitioner and the co-accused persons holding deadly weapons are alleged to have come to the door of the informant and started abusing. On being objected by the informant, the co-accused Chadeshwar Rai and Jailal Rai exhorted to kill then the co- accused, Rangila Rai inflicted iron rod blow on the head of Patna High Court CR. MISC. No.78440 of 2024(4) dt.10-10-2025 2/3 the informant but the same hit his nose causing cut injury and he fell down. On hulla, the informant’s brothers came to rescue the informant then the the petitioner, Subodh Rai @ Mahto assaulted with sharp edged weapons on the head of Sunil Kumar Mishra causing head injury. The co-accused, Chandeshwar Rai and Jailal Rai assaulted with bamboo to Arun Mishra and Mohan Mishra assaulted on his head causing head injury. All the accused persons also assaulted the informant’s nephew, Gaurav Kumar and Priyanshu Kumar with lathi and danda. It is further alleged that the co- accused, Rangila Rai snatched golden chain from the informant’s nephew, Ayush Raj and Rs. 10,000/- from the pocket of the informant. The accused persons also threatened the informant of dire consequences. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is made accused in this case due to previous enmity. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. Earlier the anticipatory bail of the petitioner was rejected by this court vide order dated 22.02.2024 passed in Cr. Misc. No. 4410/2024. Learned counsel has submitted that there is no repetition of blow by the Patna High Court CR. MISC. No.78440 of 2024(4) dt.10-10-2025 3/3 petitioner. It is further submitted that the injury no.2 of Sunil Kumar Mishra is simple in nature. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that there is no fresh ground for grant of anticipatory bail of the petitioner. It is further submitted that the injuries of the injured Sunil Kumar Mishra, Gaurav Mishra and Mohan Mishra are grievous in nature caused by hard and blunt substance. 6. Considering the aforesaid facts and circumstances of the case and the nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is disposed of and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below may consider the prayer of the bail of the petitioner in accordance with law and on its own merits without being prejudice by this order. 7. This application stands disposed of. atul/- (Chandra Prakash Singh, J) U T