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2026 DAILYLAW 2811 (PAT)

Krit Rai v. The State of Bihar

CR. MISC./27270/2026 · 2026-04-21

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27270 of 2026 Arising Out of PS. Case No.-3 Year-2026 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Krit Rai Son of Late Suba Rai Resident of village - Baidhyanathpur, P.S.- Kotwa, District - East Champaran 2. Gautam Rai Son of Late Punit Rai Resident of village - Baidhyanathpur, P.S.- Kotwa, District - East Champaran 3. Ruplal Rai Son of Krit Rai Resident of village - Baidhyanathpur, P.S.- Kotwa, District - East Champaran 4. Chandrika Rai Son of Jhaman Rai Resident of village - Baidhyanathpur, P.S.- Kotwa, District - East Champaran 5. Ijindra Rai Son of Late Devi Rai Resident of village - Baidhyanathpur, P.S.- Kotwa, District - 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. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 21-04-2026 Heard Mr. Manoj Kumar, learned counsel for the petitioners and Mr. Shantanu Kumar, learned Additional Public Prosecutor for the State. 2. The petitioners seek bail, who are in custody since 19-02-2026 in connection with Chiraiya P.S. Case No. 03 of 2026, for the offences punishable under Sections 126(2), 115(2), 303(2), 351(2), 352, 110, 190, 191 of Bhartiya Nyaya Sanhita, 2023. 3. According to prosecution case, while the Patna High Court CR. MISC. No.27270 of 2026(2) dt.21-04-2026 2/4 informant was ploughing his field, the accused persons including the petitioners having armed with deadly weapons came there and assaulted him. It is also alleged that during course of occurrence, Rs. 2500/- was snatched away from the pocket of the informant and on the point of knife, blank paper was got signed by the accused persons. While the family member(s) of the informant came to rescue, they were also assaulted. 4. Learned counsel for the petitioners submits that the allegation as levelled in the FIR is false and fabricated as the petitioners have no hand in the occurrence whatsoever. It appears from the FIR that due to land dispute, the present case has been lodged. There is case and counter case between the parties. Although the petitioners are named in the FIR and the FIR speaks allegation against them that they assaulted the informant and his family members. Learned counsel for the petitioners submits that at the spur of the moment, the present occurrence has taken place. There is no intention of the petitioners to do any wrong and the petitioners are in custody since 19-02-2026. 5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioners and submits that Patna High Court CR. MISC. No.27270 of 2026(2) dt.21-04-2026 3/4 the petitioner No. carries one more case, whereas the petitioner Nos. 2, 3 & 5 carry three more cases and the petitioner No. 4 carries two more cases other than the present one but fairly submits that they are on bail in the pending matters. 6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class/concerned court, Sikharana, Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 03 of 2026, with the following conditions: i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their Patna High Court CR. MISC. No.27270 of 2026(2) dt.21-04-2026 4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. A.K.V.//- (Rajesh Kumar Verma, J) U T