Patna High Court – Orders
Vinay Rai @ Vinay Kumar Yadav vs The State Of Bihar on 20 August, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33883 of 2025
Arising Out of PS. Case No.-516 Year-2023 Thana- MADHUBAN District- East Champaran
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1. Vinay Rai @ Vinay Kumar Yadav, S/O Harivansh Rai, Resident of village-
Kauriya Yadav Tola, P.S- Madhuban, District- East Champaran.
2. Chandrika Rai @ Chandrika Prasad Yadav, S/O Harivansh Rai, Resident of
village- Kauriya Yadav Tola, P.S- Madhuban, District- East Champaran.
3. Amit Kumar, S/O Chandrika Rai, Resident of village- Kauriya Yadav Tola,
P.S- Madhuban, District- East Champaran.
4. Nishant Kumar, S/O Vinay Rai @ Vinay Kumar Yadav, Resident of village-
Kauriya Yadav Tola, P.S- Madhuban, District- East Champaran.
5. Sushant Kumar, S/O Vinay Rai @ Vinay Kumar Yadav, Resident of village-
Kauriya Yadav Tola, P.S- Madhuban, District- East Champaran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioners : Mr. Abhishek Kumar, Advocate
For the State : Mr. Rabindra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 20-08-2025
At the outset, learned Counsel for the Petitioners
informs this Court that Petitioner No.2, Chandrika Rai @
Chandrika Prasad Yadav has been arrested, and hence, the
petition on his behalf becomes infructuous.
2. Hence, learned counsel for the Petitioners is
seeking permission to withdraw the petition on behalf of the
Petitioner No.2, Chandrika Rai @ Chandrika Prasad Yadav.
3. Permission is accorded.
4. Accordingly, the application of Petitioner No.2,
Chandrika Rai @ Chandrika Prasad Yadav is dismissed as
withdrawn.
5. Heard learned counsel for the petitioners and
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learned APP for the State.
6. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Madhuban PS. Case No.-516 of 2023, registered for the
offences punishable under Sections 147, 148, 149, 341, 323,
324, 307, 379, 448, 447, 504, 506 of the Indian Penal Code and
Section 27 of the Arms Act.
7. As per allegation, the co-accused, Chandra Kishore
Rai and Shivam Kumar stabbed the victim, Vikas Kumar in his
stomach by a chhura, whereas the co-accused, Birendra Rai,
Mahesh Rai and Kaushal Rai assaulted Rupesh Kumar on his
head, making him unconscious. As per further allegation, the
accused, Abhishek Kumar, Binay Rai and Chandrika Rai
assaulted Shakuntala Devi by spear, causing cut injury on her
head and making her unconscious and the accused, Amit Kumar,
Sushant Kumar, Nishant Kumar have assaulted the informant
and stole Rs.20,000/- from the house of the Informant.
8. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that as per the case diary, injury is
cause only to Vikas Kumar, and hence, the allegation against the
Petitioners is not corroborated by any injury report and the case
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diary. He further submits that there is always tendency to falsely
implicate the family members. As a matter of fact, on account of
land dispute, there was altercation, in which both the sides got
injury leading to case and counter case. The counter case filed
by the Petitioner is Madhuban P.S. Case No.518 of 2023 for the
offences punishable under Sections 147, 148, 149, 341, 323,
324, 307, 354(B), 379, 448, 447, 504, 506 of the Indian Penal
Code and Section 27 of the Arms Act.
9. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
10. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
11. Learned APP for the State vehemently opposes the
prayer of the Petitioner for bail.
12. Considering the case-counter case and non-
corroboration of allegation against the Petitioner by case diary
and injury report, this petition is allowed, directing the
petitioners above-named, except the Petitioner No.2,
Chandrika Rai @ Chandrika Prasad Yadav, to be enlarged
on bail, in the event of their arrest or surrender before the court
below within a period of eight weeks from the date of receipt /
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production of a copy of this order, on their furnishing bail bonds
in the sum of Rs. 10,000 /- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Madhuban PS. Case
No.-516 of 2023, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S., 2023 and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T