IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20087 of 2026 Arising Out of PS. Case No.-398 Year-2025 Thana- KESARIA District- East Champaran ====================================================== Brij Kishor Rai @ Braj Kishor Yadav S/o Late Rajdeo Rai R/o Village - Bairiya, P.S - Kesariya, District - East Champaran, Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 08-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. In the present case, the petitioner is apprehending his arrest in connection with Kesariya P.S. Case No. 398 of 2025 registered for the alleged offence under Sections 189(2), 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) and 190 of Bharatiya Nyaya Sanhita, 2023. 3. As per prosecution case, petitioner and other co- accused persons armed with lathi, danda and iron rod welded to the chain ring of bicycle, assaulted the informant causing a number of injuries to him including three fractures on the hands of the informant. The informant was assaulted as he was witness of Kesariya P.S. Case No. 30 of 2025. When the informant was taken to hospital, he was again assaulted by these persons. Patna High Court CR. MISC. No.20087 of 2026(2) dt.08-04-2026 2/3 4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The name of the petitioner has been dragged in the present case merely because he is a family member of the accused side of Kesariya P.S. Case No. 30 of 2025. Learned counsel further submits that the alleged occurrence took place on 18.07.2025, written report was given on 16.08.2025 and FIR was lodged on 29.08.2025, though date of occurrence has wrongly been mentioned in the FIR as 18.08.2025. There is no explanation of this inordinate delay. However, delay goes on to show the afterthought and false implication of the petitioner who is having clean antecedent. Learned counsel further submits that there is no serious injury on the informant as the injury found on the informant is one scalp wound on upper left side of size 6cm x 1 cm and dimension of injury shows it is only a laceration. Learned counsel further submits that though it has been alleged in the FIR that two persons were apprehended from the hospital but they were apprehended in some other case and, moreover, this petitioner was not apprehended from the hospital, which means he was not present there. The petitioner has got one criminal antecedent in which he is on bail. Moreover, similarly situated co- accused namely Awadh Rai @ Avadya Ray has been granted privilege of anticipatory bail by a coordinate Bench of this Court Patna High Court CR. MISC. No.20087 of 2026(2) dt.08-04-2026 3/3 vide order dated 01.04.2026 passed in Cr. Misc. No. 14736 of 2026 and the petitioner’s ground is on better footing. 5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on 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 Judicial Magistrate, 1st Class, East Champaran, Motihari/concerned Court where the case is pending in connection with Kesariya P.S. Case No. 398 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. khushbu/- (Praveen Kumar, J) U T