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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57534 of 2026 Arising Out of PS. Case No.-164 Year-2026 Thana- GHORASAHAN District- East Champaran ======================================================
1. Sikandar Rai S/O late Bigan Rai R/O Vill. -Sekh Toli Laukhan P.s.- Ghorasahan, Dist.- East Champaran, Motihari
2. Babita Devi W/O Sikandar Rai R/O Vill. -Sekh Toli Laukhan P.s.- Ghorasahan, Dist.- East Champaran, Motihari
3. Bimlesh Kumar @ Vimlesh Kumar S/O Nagendra rai R/O Vill. -Sekh Toli Laukhan P.s.- Ghorasahan, Dist.- East Champaran, Motihari
4. Guddi Devi W/O Nagendra Rai R/O Vill. -Sekh Toli Laukhan P.s.- Ghorasahan, Dist.- East Champaran, Motihari
5. Nagendra Rai S/o Late Bigan Rai R/O Vill. -Sekh Toli Laukhan P.s.- Ghorasahan, Dist.- East Champaran, Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Isha Mishra, Advocate : Mr. Sharda Nand Mishra, Advocate : Mr. Sumit Kumar Gupta, Advocate For the State : Mr. Bharat Bhushan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 19-08-2026
Learned counsel for the petitioner prays for withdrawal of the anticipatory bail application of petitioner no.1 and 5 namely Sikandar Rai and Nagendra Rai respectively. 2. Accordingly, the anticipatory bail application of petitioner no.1 and 5 namely Sikandar Rai and Nagendra Rai respectively stands dismissed as withdrawn. 3. At the outset, learned counsel for the petitioners prays for and is allowed to make necessary correction in the name of petitioner no.3 in course of the day. 4. Heard Ms. Isha Mishra, learned counsel for the
Patna High Court CR. MISC. No.57534 of 2026(2) dt.19-08-2026 2/4 petitioners and Mr. Bharat Bhushan, learned APP representing the State. 5. The petitioners are apprehending their arrest in connection with Ghorasahan P.S. Case No. 164 of 2026 registered for the offence under Sections 126(2), 115(2), 118(1), 303(2), 351(2) and 352 of the B.N.S., lodged on 17.04.2026 by the informant, Sudama Devi. 6. As per the prosecution story, the informant alleged that the named accused came, abused and later, petitioner no.1, Sikandar Rai used kudal to assault the informant while petitioner no.5, Nagendra Rai assaulted her husband on the head. The allegation of taking away ornaments and assault is/are attributed to other accused persons. 7. Learned counsel for the petitioner submits that specific allegation is against petitioner no.1, Sikandar Rai and petitioner no.5, Nagendra and their relief sought for already stands withdrawn. So far as other accused are concerned, only to implicate them, role has been attributed to them and two of them are ladies. 8. Learned APP opposes the prayer submitting that allegation of assault is against all the accused persons. 9. Taking into account the aforesaid facts as also that main role has been assigned to Sikandar Rai and Nagendra Rai,
Patna High Court CR. MISC. No.57534 of 2026(2) dt.19-08-2026 3/4 their anticipatory bail application stand withdrawn, two of the rest petitioners are ladies, omnibus allegation is/are there, they do not have criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail. 10. Let the petitioner no.2, Babita Devi, petitioner no.3, Bimlesh Kumar @ Vimlesh Kumar @ Viklesh Kumar and petitioner no.4, Guddi Devi be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dhaka, East Champaran, in connection with Ghorasahan P.S. Case No. 164 of 2026 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner no.2, Babita Devi, petitioner no.3, Bimlesh Kumar @ Vimlesh Kumar @ Viklesh Kumar and petitioner no.4, Guddi Devi who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide; (ii) the petitioner no.2, Babita Devi, petitioner no.3, Bimlesh Kumar @ Vimlesh Kumar @ Viklesh Kumar and petitioner no.4, Guddi Devi shall be appearing before the Police Station as and when required for cooperating in the
Patna High Court CR. MISC. No.57534 of 2026(2) dt.19-08-2026 4/4 investigation; (iii) the petitioner no.2, Babita Devi, petitioner no.3, Bimlesh Kumar @ Vimlesh Kumar @ Viklesh Kumar and petitioner no.4, Guddi Devi shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iv) the petitioner no.2, Babita Devi, petitioner no.3, Bimlesh Kumar @ Vimlesh Kumar @ Viklesh Kumar and petitioner no.4, Guddi Devi shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner no.2, Babita Devi, petitioner no.3, Bimlesh Kumar @ Vimlesh Kumar @ Viklesh Kumar and petitioner no.4, Guddi Devi shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. vinayak/- (Rajiv Roy, J) U T