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2026 DAILYLAW 45807 (PAT)

Chandrashekhar Rai @ Shekhar Rai v. The State of Bihar

CR. MISC./91841/2025 · 2026-01-15

Alok Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91841 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== 1. Chandrashekhar Rai @ Shekhar Rai S/o Late Balihari Rai Resident of - Ward No. 01, Samsipur, P.S - Bachwara, District - Begusarai 2. Jaychandra Kumar S/o Shekhar Rai @ Chandrashekhar Rai Resident of - Ward No. 01, Samsipur, P.S - Bachwara, District - Begusarai 3. Shiv Chandra Rai @ Shiv Chandra Kumar S/o Shekhar Rai @ Chandrashekhar Rai Resident of - Ward No. 01, Samsipur, P.S - Bachwara, District - Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Saroj Kumar Sharma, Adv For the Opposite Party/s : Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Bachhwara P.S. Case No. 16 of 2025, registered for the offence punishable under Sections 115 (2), 127(1), 303(2), 74, 109, 351, 3(5) of the BNS, 2023. 3. The case of the prosecution, in short, as per the informant is that on 20.01.2025 at about 4:00 P.M., accused persons including the petitioners came to the informant's house and abused him. On raising objection, petitioner no. 3 gave lathi blow on her waist due to which she sustained injury on her Patna High Court CR. MISC. No.91841 of 2025(2) dt.15-01-2026 2/3 waist, and torn her blouse. When her husband, and her son Lali Rai and Sanjeet Kumar came to save her then Dabloo Rai gave lathi blow on her husband's head due to which he sustained head and leg injury. Her son Lali Rai sustained head injury caused by lathi on his head given by Bhokhar Rai. Sanjeet Rai was also assaulted by lathi-danda and fists. Shivchandra Rai fired one bullet. During course of assault, Shivchandra Rai snatched gold ornaments from her neck. Bhokhar Rai took gold chakti from Sanjeet Kumar and assaulted him by lathi. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The entire prosecution story is false, fabricated and concocted. The petitioners are implicated in this matter due to ulterior motive and land dispute. He further submits that the petitioners have no criminal antecedent. 5. Learned A.P.P. for the State opposes the prayer of anticipatory bail. 6. Prima-facie, it appears to be a case of land dispute between the “gotiyas”. From reading of paragraph 10 of the application, it appears that for the said date of occurrence i.e. 20.01.2025, the petitioner no. 1, namely, Chandrashekar Rai @ Shekhar Rai had also lodged a case against husband of the Patna High Court CR. MISC. No.91841 of 2025(2) dt.15-01-2026 3/3 informant, namely, Jagdish Rai and other named accused persons which was registered as Bachhbara P.S. Case No. 15 of 2025 dated 21.01.2025 for the offence punishable under Sections 115(2), 127(1), 109, 303(2), 351(2), 3(5) of the B.N.S. It, therefore, appears that the case which has been lodged by the informant is by way of counter blast to the case lodged by the petitioner no. 1 arising out of land dispute. Under these circumstances, this Court is inclined to grant privilege of anticipatory bail to the petitioners. 7. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bacchwara P.S. Case No. 16 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. kiran/- (Alok Kumar Sinha, J) U T