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2026 DAILYLAW 18407 (PAT)

Shivnath Rai @ Shiv Nath Prasad v. The State of Bihar

CR. MISC./24583/2026 · 2026-06-17

Sunil Dutta Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24583 of 2026 Arising Out of PS. Case No.-488 Year-2025 Thana- DIGHWARA District- Saran ====================================================== 1. Shivnath Rai @ Shiv Nath Prasad S/O Late Shyama Rai @ Rama Rai R/o Village- Tarwan, P.S.- Dighwara, District- Saran at Chapra 2. Birendra Kumar Yadav @ Birendra Rai S/O Sipahi Rai @ Sipahi Yadav R/o Village- Tarwan, P.S.- Dighwara, District- Saran at Chapra 3. Bablu Yadav @ Bablu Kumar S/O Ram Ayodhya Rai R/o Village- Tarwan, P.s.- Dighwara, District- Saran at Chapra 4. Amit Kumar @ Chotu Kumar @ Chotu Kumar Rai S/O Shivnath Rai R/o Village- Tarwan, P.S.- Dighwara, District- Saran at Chapra 5. Krishna Ray S/O Dularchand Ray R/o Village- Tarwan, P.S.- Dighwara, District- Saran at Chapra 6. Niraj Kumar @ Niraj Kumar Ray S/O Ramesh Rai R/o Village- Tarwan, P.s.- Dighwara, District- Saran at Chapra 7. Harendra Ray S/O Teni Ray @ Ramnath Ray R/o Village- Tarwan, P.s.- Dighwara, District- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Avinash Kumar Pandey, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 17-06-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Dighwara P.S. Case No. 488 of 2025, instituted under Sections 191(2), 190, 262, 263, 121(1), 132 of the B.N.S. 3. As per the prosecution case, on 14.12.2025 at about 9.30 A.M. on getting secret information that the absconder, Patna High Court CR. MISC. No.24583 of 2026(3) dt.17-06-2026 2/3 namely, Ashok Rai of Dariyapur P.S. Case No. 547 of 2025 is standing before Shitalpur Railway Station, the informant along with police party reached there. Seeing the police, said Ashok Rai tried to flee away on his car but on chase, he stopped his car near a villaged and called several co-villagers of vicinity who all assaulted and abused the informant and his police team and caused injuries to them and also successfully got the said Ashok Rai free from the clutches of police. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion. Petitioners were not present at the place of occurrence. There is no injury report of any of the injured on record. There is general and omnibus allegation against the petitioners. Similarly situated co-accused, namely, Umesh Ray has already been granted anticipatory bail by a Co- ordinate Bench of this Court, vide order dated 18.05.2026 passed in Cr. Misc. No. 17636 of 2026. Petitioners have no criminal antecedent. Petitioners undertake to co-operate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the Patna High Court CR. MISC. No.24583 of 2026(3) dt.17-06-2026 3/3 case, submission of learned counsel for the parties, nature of allegation and clean antecedent of the petitioners 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Dighwara P.S. Case No. 488 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. rakhi/- (Sunil Dutta Mishra, J) U T