IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17778 of 2026 Arising Out of PS. Case No.-364 Year-2025 Thana- KESARIA District- East Champaran ====================================================== 1. Ritesh Kumar Son of Mandeshwar Rai Resident Of Village - Bairiya, Ps- Kesariya, Dist- East Champaran 2. Anish Kumar @ Awnish Kumar (Wrongly Kumara ) @ Dara Son of Late Jai Lall Rai Resident Of Village - Bairiya, Ps- Kesariya, Dist- East Champaran 3. Raja Kumar @ Raja Rai Son of Sundeshwar Rai Resident Of Village - Bairiya, Ps- Kesariya, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 25-03-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Kesariya P.S. Case No.364 of 2025 instituted under Sections 189(2), 126(2), 115(2), 109, 117(2), 118(1), 76, 303(2), 190 of the B.N.S., 2023. 3. As per the prosecution case, when the in-laws of informant, namely, Rajdeo Rai and Awadh Rai were returing to their house after some agricultural work, the petitioners and other co-accused persons intercepted them. It is alleged that all the accused persons including the petitioner assaulted the Patna High Court CR. MISC. No.17778 of 2026(2) dt.25-03-2026 2/3 informant and her in-laws with intention to kill. Co-accused Manish Kumar gave twice blow of farsa upon the head of Rajdeo Rai causing injury. Specific allegation against petitioner no.2 is that he alongwith co-accused Nitesh Kumar had caused injury on injured Rajdeo Rai on his leg and hand whereas petitioner no.1 had molested the informant. It is further alleged that accused persons snatched gold chain worth Rs.1,00,000/- from the husband of informant. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that there is no specific allegation against the petitioners rather the specific allegation is made against co-accused Manish Kumar that he gave farsa blow on Rajdeo Rai. The allegation against petitioner no.2 is that he alongwith co-accused Nitesh Kumar had caused injury on injured Rajdeo Rai on his leg and hand is not corroborated by the medical report. The allegation against petitioner no.1 is that he molested the informant is an afterthought and the allegation against petitioner no.3 that he has snatched gold chain is ornamental in nature. Learned counsel submits that there is inordinate delay in lodging the F.I.R. without any plausible explanation as the alleged occurrence took place on 18.07.2025 Patna High Court CR. MISC. No.17778 of 2026(2) dt.25-03-2026 3/3 and the written report was given only on 30.07.2025 and the F.I.R. was lodged on 08.08.2025. He further submits that petitioners have one criminal antecedent and they undertake to cooperate in the investigation and trial of the case. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the fact that there is inordinate delay in lodging the F.I.R., in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned J.M. 1st Class, East Champaran, Motihari/ concerned Court in connection with Kesariya P.S. Case No.364 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Ritik/- (Sunil Dutta Mishra, J) U T