Sudama Rai Vs The State of Bihar

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60583 of 2025

¶2

Arising Out of PS. Case No.-96 Year-2025 Thana- KALYANPUR District- East Champaran

¶3

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

¶4

Sudama Rai Son of Lakchan Rai R/o village - Bakhari Bairagi Tola, P.S.Kalyanpur, District - East Champaran

¶5

Chanchan Yadav @ Chanchal Yadav @ Chanchan Rai Son of Chandrika Rai R/o village - Bakhari Bairagi Tola, P.S.- Kalyanpur, District - East Champaran

¶6

Chennai Yadav @ Ram Chandra Yadav Son of Ramadhar Rai R/o village - Bakhari Bairagi Tola, P.S.- Kalyanpur, District - East Champaran

¶7

... ... Petitioner/s

¶8

Versus

¶9

The State of Bihar

¶10

Manju Devi Wife of Jagarnath Rai Resident of Village - Bairagi Tola, Bakhari P.S.- Kalyanpur, District - East Champaran.

¶11

... ... Opposite Party/s

¶12

====================================================== Appearance : For the Petitioner/s : Mr.Krishna Kant Singh, Advocate For the Opposite Party/s : Mr.Satyendra Prasad, APP For the Informant : Mr.Karandeep Kumar, Advocate Mr.Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

¶13

7 11-02-2026

¶14

Heard Mr. Krishna Kant Singh, learned counsel

¶15

appearing on behalf of the petitioners; Mr. Satyendra Prasad, learned APP for the State and Mr. Karandeep Kumar along with Mr. Mritunjay Kumar, learned counsels appearing on behalf of the Informant.

¶16

The petitioners seek pre-arrest bail in connection with Kalyanpur P.S. Case No. 96/2025 registered for the offence(s) punishable under Sections 127(2), 61(2), 115(2), 118(1), 118(2), 109, 329(4), 64(1), 62, 76, 303(2), 324(3),

¶17

Patna High Court CR. MISC. No.60583 of 2025(7) dt.11-02-2026 2/4

¶18

324(4), 351(2), 352, 3(5) of the BNS; Sections 4,6 of Protection of Children From Sexual Offences Act and Section 27 of Arms Act.

¶19

As per the allegation made in the FIR, the petitioners armed with deadly weapons arrived at the house of the informant and assaulted the informant, as well as, her family members and one of the co-accused namely Birdendra Patel also fired bullet targeting upon the husband of the informant.

¶20

Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have falsely been implicated in the present case. Petitioners and informant are co-villagers and the petitioners have been implicated in the case due to political rivalry. He further submitted that a general and omnibus allegation has been levelled against the petitioners. The petitioners, in their selfdefence, may have caused some injury on the person of the informant. The nature of injury is simple. The present case is a counter-blast of the case lodged by one of the co-accused namely Shivpujan Rai bearing Kalyanpur P.S. Case No.93 of 2025. On these grounds the petitioners seek to be released on pre-arrest bail.

¶21

Learned APP for the State vehemently opposed the

¶22

Patna High Court CR. MISC. No.60583 of 2025(7) dt.11-02-2026 3/4

¶23

prayer for grant of pre-arrest bail.

¶24

Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR against petitioner nos.2 and 3 and considering their criminal antecedents, I am not inclined to enlarge the petitioner nos.2 and 3 on pre-arrest bail .

¶25

So far as, the petitioner no.1 is concerned, having perused the allegation made in the FIR, and the nature of injury, which is simple in nature, petitioner no.1, in his self-defence, may have caused some injury on the person of the informant, the petitioner no.1, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending / Concerned Court in connection with Kalyanpur P.S. Case No. 96/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

¶26

8. The learned District Court is directed to verify the criminal antecedent of the petitioner no.1 and if it is found that the petitioner no.1 is involved in some other

¶27

Patna High Court CR. MISC. No.60583 of 2025(7) dt.11-02-2026 4/4

¶28

cases, as what has been stated in paragraph no.3 of the bail

¶29

application, this order will automatically lose its force.

¶30