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2026 DAILYLAW 41308 (PAT)

Chhotu Kumar Rai @ Sanjiv Kumar Rai @ Chhotu Rai v. The State of Bihar

CR. MISC./79681/2025 · 2026-01-06

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79681 of 2025 Arising Out of PS. Case No.-70 Year-2021 Thana- MANIHARI District- Katihar ====================================================== 1. Chhotu Kumar Rai @ Sanjiv Kumar Rai @ Chhotu Rai S/o Shankar Rai R/o High School Tola, Manihari, PS- Manihari, Distt- Katihar 2. Raja Singh @ Raj Ranjan Singh S/o Nikhil Singh @ Sunil Singh R/o High School Tola, Manihari, PS- Manihari, Distt- Katihar 3. Vicky Rai @ Avinash Kumar Rai @ Avinash Kumar S/o Shankar Rai R/o High School Tola, Manihari, PS- Manihari, Distt- Katihar 4. Rahul Rai @ Rahul Kumar Rai @ Rahul Kumar S/o Dukhu Rai @ Rajendra Rai R/o High School Tola, Manihari, PS- Manihari, Distt- Katihar 5. Manish Rai @ Manish Kumar S/o Prakash Rai R/o High School Tola, Manihari, PS- Manihari, Distt- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Singh For the Opposite Party/s : Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 06-01-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354A, 308, 504, 506 and 34 of the IPC. 3. Learned counsel for the petitioners submits that the offences for which the instant FIR was instituted, carries punishment of seven years and less. It is next submitted that police, during the course of investigation, had given privilege of Patna High Court CR. MISC. No.79681 of 2025(2) dt.06-01-2026 2/3 Section 41A Cr.P.C to the petitioners and after investigation charge-sheet came to be submitted. It is further submitted that petitioners cooperated with the police during the course of investigation as such police never felt the need of arresting the petitioners. It is submitted that after charge-sheet was submitted, cognizance came to be taken, as such petitioners apprehend their arrest, it is thus submitted that when police during the course of investigation never felt the need of arresting the petitioner, whether it would be prudent for the court to send the petitioner to jail based on an order of cognizance which came to be taken after charge-sheet was submitted. 4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manihari P.S. Case No. 70 of 2021, subject to the conditions as laid down Patna High Court CR. MISC. No.79681 of 2025(2) dt.06-01-2026 3/3 under Section 482 (2) of the BNSS. Sumit/- (Satyavrat Verma, J) U T