IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63254 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== 1. Mahesh Rai @ Mahesh Prasad Son of Late Dahichan Rai Resident of village - Gola Pakariya Fatepur Dhumnagar, P.S.- Lakhaura, District - East Champaran. 2. Bharat Rai @ Bharat Prasad Son of Late Dahichan Rai Resident of village - Gola Pakariya Fatepur Dhumnagar, P.S.- Lakhaura, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86436 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== 1. Ajay Kumar @ Ajay Rai S/o Sajawal Rai Resident of village- Gola pakariya, P.S.- Lakhaura, District- East Champaran 2. Arjun Kumar S/o Ramchandra Ray Resident of village- Gola pakariya, P.S.- Lakhaura, District- East Champaran 3. Baiju Kumar S/o Sajawal Ray Resident of village- Gola pakariya, P.S.- Lakhaura, District- East Champaran 4. Sajawal Ray S/o Saryug Rai Resident of village- Gola pakariya, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 63254 of 2024) For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Rajendra Nath Jha, APP Mr. Rajesh Kumar, Adv. (In CRIMINAL MISCELLANEOUS No. 86436 of 2024) For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 08-01-2025 Reg:- Cr. Misc. No. 63254 of 2024 Patna High Court CR. MISC. No.63254 of 2024(4) dt.08-01-2025 2/5 Learned counsel for the petitioners seeks permission to withdraw the bail application with respect to petitioner no. 1, namely, Mahesh Rai @ Mahesh Prasad, since during the pendency of this case, he has been arrested. 2. Permission is accorded. 3. Accordingly, the bail application with respect to petitioner no. 1 is dismissed as withdrawn. 4. Heard learned counsel for the petitioner no. 2, learned A.P.P. for the State and learned counsel for the informant. 5. The petitioner apprehends arrest in connection with Lakhaura P.S. Case No. 47 of 2024 registered under Sections 147, 148, 149, 341, 323, 324, 307, 354-B, 379, 504 and 506 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code was added. 6. As per prosecution case, allegation against this petitioner is that he put Gamchaa around the neck of Kunti Devi and dashed her. 7. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to oblique motive. Further it is submitted that petitioner is not assailant of the deceased. Patna High Court CR. MISC. No.63254 of 2024(4) dt.08-01-2025 3/5 There is no specific allegation of assault against this petitioner. Petitioner claims clean antecedent. 8. Learned A.P.P. appearing on behalf of the State and learned counsel for the informant opposed the bail application. 9. Having considered the fact that there is no specific allegation of assault against the petitioner no. 2, let petitioner no. 2, namely, Bharat Rai @ Bharat Prasad, be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Lakhaura P.S. Case No. 47 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Reg:- Cr. Misc. No. 86436 of 2024 10. Heard learned counsel for the petitioners and learned counsel for the State. 11. The petitioners apprehend their arrest in connection with Lakhaura P.S. Case No. 47 of 2024 registered under Sections 147, 148, 149, 341, 323, 324, 307, 354-B, 379, 504 and 506 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code was added. Patna High Court CR. MISC. No.63254 of 2024(4) dt.08-01-2025 4/5 12. As per prosecution case, on 10.05.2024 at about 9:00 am, while informant was sitting at the door of his house in the meantime, all the FIR named accused persons including these petitioners and 5-7 unknown persons armed with lathi, bhala, farsa, iron rod and pistol came and started abusing. When informant objected then all the accused persons assaulted informant and his family members. Petitioner no. 1 is said to have assaulted Rampravesh Rai by means of farsa causing head injury. Allegation against petitioner no. 2 is that he assaulted Kunti Devi by farsa, as a result of which, she sustained grievous injury. Petitioner nos. 3 and 4 are alleged to have outraged the modesty of Rima Devi. 13. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute. Further submission is that petitioners are not the assailants of the deceased. The allegations against the petitioners no. 3 and 4 are ornamental in order to make the case grave. 14. Learned A.P.P. for the State vehemently opposed the prayer for bail of petitioner no. 2 by contending that the injury caused by this petitioner is grievous in nature. Hence, he does not deserve the privilege of anticipatory bail. Patna High Court CR. MISC. No.63254 of 2024(4) dt.08-01-2025 5/5 15. Considering the nature of injury allegedly caused by petitioner no. 2, his prayer for bail is, accordingly, rejected. 16. So far as petitioners no. 1, 3 and 4 are concerned, the injury caused by petitioner no. 1 is simple in nature and there is no allegation of assault against petitioners no. 3 and 4, let petitioners no. 1, 3 and 4 be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Lakhaura P.S. Case No. 47 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Prabhat Kumar Singh, J) U T