IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55764 of 2026 Arising Out of PS. Case No.-284 Year-2023 Thana- KESARIA District- East Champaran ====================================================== 1. Aasdeo Rai S/O Late Bhikhar Rai Residents of Village - Benipur, Police Station - Kesariya,District - East Champaran at Motihari. 2. Upendra Rai S/O Chanar Rai Residents of Village - Benipur, Police Station - Kesariya,District - East Champaran at Motihari. ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending arrest in connection with Kesariya P.S. Case No. 284 of 2023 registered on 10.06.2023 for the offences punishable under Sections 341, 323, 307, 385, 379, 504, 506 and 34 of IPC. 3. The FIR has been lodged against six named accused persons, including the present petitioners. The specific allegation is that Petitioner No. 1 is the order giver, whereas Petitioner No. 2, along with co-accused Yogendra Rai and others, have brutally assaulted the informant, Prince Kumar, and his two friends with lathi-danda. There is a further allegation Patna High Court CR. MISC. No.55764 of 2026(2) dt.19-08-2026 2/3 against the accused persons of snatching a mobile phone and cash, along with a demand of ransom amounting Rs. 5,00,000/- (Rupees Five Lakhs). 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is submitted that the only allegation against Petitioner No. 1 is that of being an order giver, and against Petitioner No. 2, allegation is of assault by lathi-danda. The learned counsel further submits that the petitioners bear a clean antecedent. He submits that both the parties are residents of the same village, they are agnates (pattidars), and the alleged occurrence took place entirely due to an old, ongoing dispute between them. 5. Learned APP for the State opposes the prayer for anticipatory bail, but fairly submits that the allegation against Petitioner No. 1 is limited to being an order giver. 6. In the light of the submissions made, and considering the fact that Petitioner No. 1 is only the order giver, therefore, let Petitioner No. 1 namely, Aasdeo Rai, be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30000/- (thirty thousand) as mentioned in Section 2(1) ₹ (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the Patna High Court CR. MISC. No.55764 of 2026(2) dt.19-08-2026 3/3 satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, in connection with Kesariya P.S. Case No. 284 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. 7. So far as Petitioner No. 2 namely, Upendra Rai is concerned, this Court is not inclined to grant bail to him considering the specific allegation of brutal assault. Accordingly, the prayer for anticipatory bail of Petitioner No. 2 is hereby rejected. 8. However, liberty is granted to the petitioner no.2 that if he surrenders before the concerned Trial Court within a period of four weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day absolutely and strictly according to the law, without being prejudiced by the fact that the anticipatory bail application of the petitioner has been rejected by this Court. Manshi/- (Dr. Anshuman, J) U T