SHIVAM RAI @ SHIVAM KUMARversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24443 of 2026
                     Arising Out of PS. Case No.-250 Year-2025 Thana- PIPRA District- East Champaran
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           1.     SHIVAM RAI @ SHIVAM KUMAR S/o- Mahendra Rai R/v- Gosaipur Ps-
                  Pipra Dist- East Champaran
           2.    Dilip Rai @ Dilip Kumar S/o- Bhikar Rai @ Bhikhari Rai R/v- Gosaipur Ps-
                 Pipra Dist- 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 Opposite Party/s :        Mr. Madhuri Lata, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered      for    the     offences       punishable      under      Sections

                   126(2), 115(2), 118, 109, 303(2), 351(2), 352 and 3(5) of the

                   B.N.S., 2023 and 25(9) of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   Petitioner No.1 has antecedent of one case and the Petitioner No. 2

                   is a person with clean antecedent and the informant alleges that he

                   imparting tuition to student in a rented room of Jaishrilal Prasad,

                   further on 24.05.2025 at 06:15 PM, the named accused persons

                   including the petitioner along with 15-20 unknown accused came

                   and on orders of Chandan accused Ratnesh stabbed him causing

                   injury on head and repeated the blow causing injury on hand,

                   further Harsh tried to strangulate him by a rope, next alleges that
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          Petitioner No. 1 snatched Rs. 6,000/- and a chain further Chandhan

          had earlier threatened him and Ratnesh possesses arms as would

          manifest from him Facebook post.

                       4. Learned counsel appearing on behalf for the

          petitioner submits that petitioner has been falsely implicated in the

          instant case by the informant, it is next submitted that even

          presuming what has been alleged is true without admitting the

          allegation is stabbing is against Ratnesh, it is further submitted that

          though informant alleges that he was stabbed by Ratnesh causing

          injury on head and hand, but then from perusal of the injury report,

          it would manifest that injury of the informant on head is opined to

          be simple caused by hard and blunt substance, whereas injury on

          hand is also opined to be simple in nature, but then was caused by

          a sharp edged weapon, it is next submitted that as far as petitioners

          are concerned allegation against Petitioner No. 1 is of snatching

          Rs. 6,000/- and a chain of the informant and as far as Petitioner

          No. 2 is concerned, no specific allegation alleged against him. It is

          also submitted that Ratnesh was arrested, but then was granted

          regular bail by an order dated 22.07.2025 in B.P. No. 1698 of

          2025, it is also submitted that parties have compromised.

                       5. Learned A.P.P. for the State opposes the anticipatory

          bail application and submits that the case is not compoundable and

          if the parties have compromised that amply demonstrates that
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                         informant who is a teacher and imparts tuition to student was

                         forced to enter into a compromise, it is further submitted that

                         similarly situated co-accused Chandhan Rai and Santosh Rai had

                         approached this Court seeking anticipatory bail by filing Criminal

                         Miscellaneous No. 71839 of 2025 and the same came to be

                         rejected by an order dated 16.10.2025 observing that Chandhan

                         and Santosh may not have inflicted the stab wound to the

                         informant, but then their presence at the place of occurrence

                         emboldened Ratnesh to commit the occurrence of stabbing, it is

                         thus submitted that case of the petitioner if not akin is to similar to

                         the case of Chandan and Santosh, as their presence at the place of

                         occurrence definitely emboldened Ratnesh to commit the

                         occurrence of stabbing.

                                      6. Considering the submissions made by the learned

                         A.P.P. for the State, the Court is not inclined to extend the

                         privilege of anticipatory bail to the petitioner.

                                      7. The application stands rejected.



                                                   (Satyavrat Verma, J)
Nitesh/-

U          T