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Patna High Court – Orders
Kishori Rai vs The State Of Bihar on 30 July, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48101 of 2025
Arising Out of PS. Case No.-15 Year-2014 Thana- MADHUBAN District- East Champaran
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Kishori Rai, S/o Late Saryug Rai, R/o Village- Nandi Ram Chhapra (Jogaulia
Tola Nandi Ram), P.S.- Madhuban, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the State : Mr. Abhay Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 30-07-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Madhuban P.S. Case No. 15 of 2014, dated
24.01.2024, registered for the offences punishable under
Sections 147, 148, 186, 187, 188, 189, 307, 332, 333, 341, 353,
504, 323 and 427 of the Indian Penal Code.
3. As per allegation, one person got dead in a motor
accident and hence, road was blocked by well wishers of the
deceased. When the police reached the place of occurrence, the
people assembled there and protested against them and started
abusing and assaulting. The matter was pacified somehow by
the police and dead body was taken to the hospital for
postmortem. The petitioner is one of the persons who is
Patna High Court CR. MISC. No.48101 of 2025(2) dt.30-07-2025
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allegedly involved in assaulting the police.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner was not present at
the place of occurrence and his name has transpired only on the
basis of suspicion. He further submits that similarly situated co-
accused person has already been enlarged on anticipatory bail
vide order dated 12.04.2022, passed by a co-ordinate Bench of
this Court in Cr. Misc. No. 43739 of 2021.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.48101 of 2025(2) dt.30-07-2025
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Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court Below, in connection
with Madhuban P.S. Case No. 15 of 2014, 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 petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his 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 petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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