Awadh Rai @ Avadya RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14736 of 2026
                   Arising Out of PS. Case No.-398 Year-2025 Thana- KESARIA District- East Champaran
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                 Awadh Rai @ Avadya Ray S/o Mokhtar Rai R/o Village - Bairiya, P.S -
                 Kesariya, District - East Champaran.
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, APP
                 For the Informant        :       Mr. Manoj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel for the informant.

                                02. 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.

                                03. 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.
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                       04. 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 is having clean

          antecedent.

                       05. Learned APP for the State as well as learned
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          counsel appearing on behalf of the informant vehemently

          oppose the submission made on behalf of the petitioner. Learned

          counsel for the informant submits that there is specific

          allegation against the petitioner that he assaulted the informant

          with chain ring of bicycle on his head and injury has been found

          over the scalp of the informant apart from other injuries. The

          opinion has been reserved regarding the nature of injury.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          clean antecedent of the petitioner and delay in filing the written

          report and also considering the possibility of false implication,

          let the petitioner above named, in the event of his arrest or

          surrender before the court concerned within a period of eight

          weeks from today, be released on bail, on furnishing bail bond

          of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties

          of the like amount each to the satisfaction of learned Judicial

          Magistrate 1st Class, East Champaran, Motihari/court concerned

          in connection with Kesariya P.S. Case No. 398 of 2025, subject

          to the condition laid down under Section 482(2) of BNSS and

          other following conditions:

                             (i) One of the bailors will be a close relative of

                             the petitioner.
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                                        (ii) The petitioner will remain present on each

                                        and every date fixed by the court below, if so

                                        required by the learned trial court.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T