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2026 DAILYLAW 36697 (PAT)

Vinod Rai v. The State of Bihar

CR. MISC./50625/2025 · 2026-01-09

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50625 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- DORIGANJ District- Saran ====================================================== 1. Vinod Rai S/o Tulsi Rai R/o Village- Chakiya, P.S.- Dariganj, Dist- Saran 2. Sudhan Rai S/o Tulsi Rai R/o Village- Chakiya, P.S.- Dariganj, Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Narendra Kumar, Advocate For the Opposite Party/s : Mrs.Renu Kumari, APP For the Informant : Mr. Ravi Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 09-01-2026 Heard Mr. Narendra Kumar, learned counsel for the petitioners and Mr. Ravi Kumar, learned counsel for the informant. 2. The petitioners are in judicial custody in connection with Doriganj P.S. Case No. 145 of 2024 for the offence punishable under Sections 191(2), 190, 126, 115(2), 118(1), 352, 351(3), 109, 303(2) and 324(4) of the Bhartiya Nayay Sanhita, 2023 lodged on 04.07.2024 by the informant, Satya Rai. 3. As per the prosecution story, the informant alleged that when his nephew was returning home, due to land dispute, Patna High Court CR. MISC. No.50625 of 2025(5) dt.09-01-2026 2/5 all the accused persons armed variously assaulted him. When he tried to escape, it is all alleged that: i) Daya Rai gave 'khanti' blow on the head of Lakhuman Rai, ii) Vinod Rai also assaulted him which hit his right hand; iii) when the brother, Devendra Rai came to rescue, allegation is that petitioner no. 1 Sudhan Rai gave 'khanti' blow on his head as result whereof he became unconscious; iv) when the informant screamed, allegation is that Chandan Rai gave 'khanti' blow to Lalan Rai; v) again Chandan Rai, Vinod Rai and Guddu Rai assaulted them by 'khanti'; vi) Tulsi Rai gave 'bhala' blow in the stomach of the informant which hit his right leg and went inside the flesh; vii) Chandan Rai again gave khanti blow on his head; vii) Sudhan Rai, Vinod Rai and Guddu Ral gave iron rod/khanti blow causing injury ix) Shiv Parsun Rai gave 'lathi' blow causing injuries. This led to the F.I.R. 4. Earlier, the petitioners moved this Court in Cr. Misc. No. 84180 of 2024 in which while granting relief to Shiv Patna High Court CR. MISC. No.50625 of 2025(5) dt.09-01-2026 3/5 Parsun Rai, the bail application of these two petitioners were rejected vide an order 11.12.2024. This is the second attempt. 5. Learned counsel for the petitioners submit that they do not have criminal antecedent and are in custody since 01.10.2024. The injury report has also been brought on record to show that the injuries have been found to be simple in nature, if granted relief, they shall be diligently appearing in trial. 5. Learned counsel representing the informant on the other hand opposes the prayer submitting that though injuries are simple in nature, the assault was intended for vital organ (head). 6. Taking into account the submissions of the parties as also that the petitioners do not have criminal antecedent, are in custody since 01.10.2024, an undertaking has been given that they shall be diligently appearing in trial, in that background, this Court is inclined to extend them the privilege of bail with conditions. 7. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Doriganj P.S. Case No. 145 of 2024 subject to the following Patna High Court CR. MISC. No.50625 of 2025(5) dt.09-01-2026 4/5 conditions: (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter I.D./Driving License/Pan Card etc.) to show his/her bona fide; (ii) the petitioners 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 their bail bond by the Trial Court itself; (iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioners 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 petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. 8. Before parting, this Court would like to put on Patna High Court CR. MISC. No.50625 of 2025(5) dt.09-01-2026 5/5 record its word of appreciation for Mr. Ravi Kumar, learned counsel for the petitioners for the proper assistance rendered in the matter. Ravi/- (Rajiv Roy, J) U T