Bipin Rai Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4278 of 2025

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Arising Out of PS. Case No.-59 Year-2024 Thana- TISIAUTA District- Vaishali

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======================================================

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Bipin Rai S/o Late Lakhindra Rai Resident of village- Pindauta Khurd, P.S.Tisiauta, District- Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Kumar, Adv. Mr. Anish Kumar, Adv. For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 18-09-2025

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Tisiauta P.S. Case No. 59 of 2024 dated 06.06.2024 registered for the offences punishable u/ss 341, 323, 324, 325, 307, 354, 379, 504, 506 read with section 34 of the Indian Penal Code and later on section 302 has been added.

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As per the prosecution case, on 5-6-2024 at 8 pm, Matuk Rai was laying the foundation of pillar on the informant’s land. When the informant protested, he called his associates and exhorted them to kill him. In the meantime, the petitioner armed with Farsa came and assaulted the informant on his head

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Patna High Court CR. MISC. No.4278 of 2025(4) dt.18-09-2025 2/3

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causing severe injury due to which he fell down. When his family members came to rescue, then the other co-accused persons along with 10 unknown miscreants armed with Farsa, sword, iron rod, bricks and lathi assaulted the informant on his head with intention to kill. It is further alleged that the coaccused Matuk Rai also assaulted Sanjaniya Devi with lathi causing fracture of her hand and also slammed her due to which she became disrobbed. It is further alleged that they also snatched her golden chain and fled away.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is general and omnibus allegation against the petitioner. As per the injury report, the deceased sustained lacerated wound 4x4 cm over B/L Parietal region and the opinion is kept reserved. It is further submitted that the allegation against the petitioner is of assaulting the informant (deceased) on his head with Farsa, however, as per the postmortem report, the cause of death is due to Hemorrhagic and shock caused by hard and heavy blunt object impact. The Postmortem report and the injury report do not corroborate the prosecution case. Similarly situated co-accused has already been granted bail by the this court vide order dated 03.04.2025 passed

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Patna High Court CR. MISC. No.4278 of 2025(4) dt.18-09-2025 3/3

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in Cr. Misc. No. 7570 of 2025. The petitioner has no criminal antecedent. The petitioner is in custody since 08.06.2024.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 59 of 2024, with the condition/s:-

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( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/- U T

Bipin Rai v. The State of Bihar

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Bipin Rai v. The State of Bihar

Case brief

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